DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/6370)

KOALA PLAYSCHOOL INC EMPLOYEE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 APRIL 2019

Application for approval of the Koala Playschool Inc Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Koala Playschool 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 the Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 15 April 2019. The nominal expiry date of the Agreement is 8 April 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the Independent Education Union of Australia has applied for the approval of the Koala Playschool Inc Employee Enterprise Agreement 2018. The dispute concerns whether the agreement satisfies the criteria set out in the Fair Work Act 2009 for an enterprise agreement to be approved. The case was heard in the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia.

The primary legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission had to determine whether the agreement was made in accordance with the relevant provisions of the Act, including whether genuine negotiations had taken place and whether the agreement was in writing. Substantively, the Commission had to ensure that the agreement did not adversely affect employees' minimum entitlements or the safety and health of employees, and that it provided for a fair and efficient workplace.

The Commission found that the agreement satisfied all procedural and substantive requirements for approval. The Commission noted that the agreement had been the product of genuine negotiations between the employer and the union, and that it was in writing and contained all necessary details. The Commission also found that the agreement did not adversely affect employees' minimum entitlements or safety and health, and that it provided for a fair and efficient workplace. Accordingly, the Commission approved the Koala Playschool Inc Employee Enterprise Agreement 2018. The approval was effective from the date of the decision, and the agreement is now binding on all employees and employers covered by it.

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