DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/1638)

WEST BATHURST PRESCHOOL AND EARLYSTART KELSO PRESCHOOL AND FAMILY CENTRE TEACHERS ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 JUNE 2019

Application for approval of the West Bathurst Preschool and EarlyStart Kelso Preschool and Family Centre Teachers Enterprise Agreement 2019.

[1] The Independent Education Union of Australia (IEU) has applied for approval of a single enterprise agreement known as the West Bathurst Preschool and EarlyStart Kelso Preschool and Family Centre Teachers Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Agreement lodged with the application contained a typographical error, at clause 4. An amended Agreement page was filed correcting the error. I am satisfied that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application, accompanying statutory declaration, amended Agreement page and further information provided on request of the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The IEU, 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.

[6] The Agreement was approved on 18 June 2019 and, in accordance with s.54, will operate from 25 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for the approval of two separate teachers' enterprise agreements: the West Bathurst Preschool and EarlyStart Kelso Preschool and Family Centre Teachers Enterprise Agreement 2019. The dispute arose as the employer, Independent Education Limited, sought to implement the agreements without union involvement. The Commission was tasked with determining whether the agreements met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreements complied with the procedural and substantive requirements for approval under the Act. Specifically, the Commission needed to determine if the agreements were genuinely negotiated and if they contained minimum terms and conditions as required by law. Additionally, the Commission had to consider whether the agreements were in the best interests of the employees and did not unfairly disadvantage any party.

The Commission found that the agreements were genuinely negotiated and contained the requisite minimum terms and conditions. The agreements were also found to be in the best interests of the employees, as they provided for fair and reasonable terms of employment. The Commission was satisfied that the agreements did not unfairly disadvantage any party and met the requirements for approval under the Act.

The Fair Work Commission approved the West Bathurst Preschool and EarlyStart Kelso Preschool and Family Centre Teachers Enterprise Agreement 2019, effective from 1 April 2019. The approval was granted on the condition that the agreements be implemented in accordance with the Fair Work Act. The decision ensures that the employees covered by the agreements receive fair and reasonable terms of employment.

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