DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/6872)

VALLA COMMUNITY PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2018

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 APRIL 2019

Application for approval of the Valla Community Preschool Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Valla Community Preschool Employee Collective Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia (IEUA). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting Clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

• Clause 25.6 of the Agreement, which states that an employee intending to take personal leave shall notify the employer at the earliest practicable opportunity and in any event prior to the commencement of the first activity for the day; and

• Clause 26.1(d) of the Agreement, which does not capture “injury” affecting an employee’s family or household member as part of the entitlement to unpaid personal/carer’s leave.

[5] The IEUA, 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 is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval of the Valla Community Preschool Employee Collective Agreement 2018. The respondent, Valla Community Preschool, opposed the application. The matter was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Commission considered whether the agreement provided fair and reasonable terms for the employees, taking into account the nature of the workplace and the bargaining power of both parties. It was noted that the agreement contained provisions for fair and equitable treatment of the employees, as well as provisions that promoted a healthy work environment. The Commission also considered whether the agreement complied with the good faith bargaining requirements under the Fair Work Act. The Commission found that the agreement was the result of good faith bargaining between the parties and was in compliance with the Act.

In approving the application, the Commission found that the agreement provided fair and reasonable terms for the employees and was in their best interests. The Commission also found that the agreement complied with the requirements of the Fair Work Act. The Commission approved the Valla Community Preschool Employee Collective Agreement 2018, subject to certain minor amendments to ensure compliance with the Act.

The Commission ordered that the agreement be registered and become a legally binding instrument between the parties. The order also required the respondent to provide a copy of the agreement to the Fair Work Ombudsman and to take all necessary steps to ensure compliance with the agreement. The Commission's decision was based on the evidence presented and the relevant legal principles. The outcome of the case provides clarity and certainty for both parties and ensures that the employees are protected under a fair and reasonable 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