DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/2471)

GREAT LAKES CHILDREN'S CENTRES KINDERGARTEN INC TEACHERS AGREEMENT 2019

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 2 AUGUST 2019

Application for approval of the Great Lakes Children's Centres Inc Teachers Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Great Lakes Children’s Centres Inc Teachers Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 August 2019 and, in accordance with s.54, will operate from 9 August 2019. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission to approve the Great Lakes Children's Centres Inc Teachers Agreement 2019. The agreement was proposed to cover teachers employed by the respondent in the early learning and kindergarten sector in New South Wales. The Union argued that the proposed agreement contained terms and conditions of employment that were fair and reasonable, taking into account the principles of the Fair Work Act 2009. The legal issues before the Commission were whether the terms of the proposed agreement were fair and reasonable, and whether the agreement met the requirements of the Fair Work Act.

The Commission considered the evidence and submissions from both parties. The Union submitted that the proposed agreement provided for a fair and reasonable set of terms and conditions of employment, taking into account the nature of the work performed by the teachers, the economic circumstances of the employer and the employees, and the need to provide for a safety net of minimum entitlements. The employer submitted that some of the terms of the proposed agreement were unreasonable and not supported by the evidence. The Commission found that the proposed agreement contained terms and conditions that were fair and reasonable, and met the requirements of the Fair Work Act. The Commission approved the agreement and made orders to that effect.

The Commission made orders approving the Great Lakes Children's Centres Inc Teachers Agreement 2019, effective from the date of the decision. The orders included provisions for the agreement to be registered by the Registrar of the Fair Work Commission, and for the agreement to be published on the Commission's website. The orders also included provisions for the agreement to be brought to the attention of employers and employees covered by the agreement. The Commission's decision provides guidance to employers and employees in the early learning and kindergarten sector in New South Wales, and sets a benchmark for the terms and conditions of employment in that sector.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established