DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/2113)

CLUNES COMMUNITY PRESCHOOL EMPLOYEE AGREEMENT 2019

Children's services
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2019

Application for approval of the Clunes Community Preschool Employee Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Clunes Community Preschool Employee 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Clunes Community Preschool sought to have its Employee Agreement approved by the Fair Work Commission. The Independent Education Union of Australia contested the approval, arguing the agreement contained provisions that were contrary to public policy and not genuinely agreed upon by the parties. The Fair Work Commission heard the matter and had to determine whether the agreement should be approved in its entirety or with modifications.

The key legal issues were whether certain provisions in the agreement contravened public policy and whether the agreement had been genuinely negotiated between the parties. The union argued that several clauses, particularly those relating to termination and discipline, were overly harsh and not genuinely agreed upon. The preschool contended that the agreement reflected the true intentions of the parties and did not breach public policy.

The Fair Work Commission found that while some provisions of the agreement were indeed harsh, they did not contravene public policy to the extent that they could not be approved. The court held that the agreement had been genuinely negotiated between the parties, despite some irregularities in the process. As a result, the commission approved the agreement with some modifications to ensure fairness and compliance with public policy.

The Fair Work Commission ordered the approval of the Clunes Community Preschool Employee Agreement 2019 with specific modifications to certain clauses. These changes aimed to balance the interests of both the employer and the employees while ensuring that the agreement complied with public policy and genuinely reflected the intentions of the parties involved.

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