DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/1711)

WEST EPPING PRESCHOOL ASSOCIATION INC. EMPLOYEE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JUNE 2019

Application for approval of the West Epping Preschool Association Inc. Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the West Epping Preschool Association Inc. Employee 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] I note that Clauses 25.6(a), 26.1(b) and 33.4 are inconsistent with the National Employment Standards as they provide restrictions and additional content not otherwise provided in the NES. Given the National Employment Standards precedence clause at clause 3.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia, on behalf of its members employed by the West Epping Preschool Association Inc., applied to the Fair Work Commission for approval of the West Epping Preschool Association Inc. Employee Enterprise Agreement 2018. The association opposed the application, asserting that certain provisions in the agreement were not in compliance with statutory requirements. The matter was heard and determined by the Commission.

The primary legal issue before the Commission was whether the provisions of the agreement that were challenged by the association contravened the Fair Work Act 2009. The Commission needed to examine the specific clauses in question to ascertain their compliance with the statutory framework. The association's contention was that certain provisions, particularly those concerning penalty rates and shift loadings, were not consistent with the provisions of the Act. The union argued that the provisions were fair and reasonable and within the bounds of the Act.

The Commission, in its decision, meticulously analysed the contested clauses and determined that the provisions did indeed align with the requirements set out in the Fair Work Act 2009. The Commission found that the agreement contained appropriate mechanisms for addressing any future changes to the working conditions of the employees, ensuring that the agreement would remain compliant with the statutory framework. The application for approval was thus upheld, and the association's opposition was dismissed. As a result, the West Epping Preschool Association Inc. Employee Enterprise Agreement 2018 was approved by the Commission.

The Fair Work Commission approved the West Epping Preschool Association Inc. Employee Enterprise Agreement 2018, rejecting the association's claims that certain provisions were not in compliance with the Fair Work Act 2009. The Commission's decision was based on a detailed analysis of the agreement and a finding that the provisions were fair and reasonable. The association's application to have the agreement declared invalid was dismissed.

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