DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/1785)

KELLYVILLE PRESCHOOL TEACHERS’ ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Kellyville Preschool Teachers’ Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Kellyville Preschool Teachers’ Enterprise Agreement 2018 (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 14 June 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Independent Education Union of Australia and the Kellyville Preschool, with the Union seeking approval of the Kellyville Preschool Teachers’ Enterprise Agreement 2018. The dispute centred around the terms and conditions of employment for preschool teachers, including matters such as remuneration, working hours, and professional development. The Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the process for developing and approving enterprise agreements.

The primary legal issue before the Commission was whether the agreement was a "good faith" bargaining outcome, as required by the legislation. This involved examining the negotiation process and whether the agreement reflected a genuine effort to reach a fair and reasonable outcome for both parties. Additionally, the Commission needed to determine whether the agreement met the criteria for being "independent" of any undue influence from either party.

In its decision, the Commission found that the agreement had been negotiated in good faith and was independent of any undue influence. The negotiation process was deemed to have been thorough and transparent, with both parties engaging in a meaningful dialogue. The Commission was satisfied that the agreement reflected a fair and reasonable outcome for the employees, taking into account their needs and the operational requirements of the preschool. Consequently, the Commission approved the agreement, finding it to be compliant with the statutory requirements.

The Commission’s approval of the Kellyville Preschool Teachers’ Enterprise Agreement 2018 was based on its determination that the agreement met the necessary criteria under the Fair Work Act. The final orders included the formal approval of the agreement, effective from the date of the decision, and the requirement for both parties to comply with the terms as outlined in the agreement.

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