DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/1137)

CHURCH STREET KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 24 APRIL 2019

Application for approval of the Church Street Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Church Street Kindergarten & Preschool Early Childhood Education Collective Enterprise 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 1 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Independent Education Union of Australia, who brought an application for the approval of the Church Street Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2019. The primary dispute centred on whether the agreement met the requisite standards for approval under relevant labour legislation. The application was heard in a tribunal within the Fair Work Commission.

The legal issues the court had to address included whether the agreement complied with the procedural requirements for approval, particularly under section 232 of the Fair Work Act 2009, and whether it satisfied the criteria for being a "single, integrated and coherent" agreement. The court also needed to determine if the agreement met the "better off overall test" under section 179 of the same Act, ensuring that no employee would be worse off in terms of their overall pay and conditions.

The court found that the agreement complied with the procedural requirements and was a single, integrated, and coherent document. The tribunal assessed the "better off overall test" and concluded that the agreement provided benefits that outweighed any potential detriments for the employees. The court was satisfied that the agreement did not leave any employee worse off overall, thereby meeting the necessary standards for approval. The application was subsequently approved.

The court's decision resulted in the formal approval of the Church Street Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2019, allowing it to be implemented as intended. The agreement was deemed to comply with all statutory requirements, and the benefits for the employees were found to be sufficient under the better off overall test.

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