DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/550)

MACARTHUR PRESCHOOL INC. EMPLOYEE ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER CIRKOVIC	MELBOURNE, 5 APRIL 2019

Application for approval of the Macarthur Preschool Inc. Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Macarthur Preschool 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] 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 referred to above, 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] 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 was approved on 5 April 2019 and, in accordance with s.54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application for approval of the Macarthur Preschool Inc. Employee Enterprise Agreement 2018 with the Fair Work Commission. The union sought to have the agreement registered under the Fair Work Act 2009 to ensure its enforceability against the employer. The case was heard in the Fair Work Commission, where the union argued that the agreement met the necessary criteria for approval and registration.

The legal issues before the Commission centred on whether the agreement complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, whether it had been made in good faith, and if it met the relevant procedural standards. The union contended that all conditions were satisfied, while the employer raised objections regarding certain provisions of the agreement.

The Fair Work Commission found that the Macarthur Preschool Inc. Employee Enterprise Agreement 2018 was indeed a genuine enterprise agreement that had been made in good faith. The Commission noted that the agreement had been negotiated between the union and the employer, and that it covered a range of matters relevant to the employees, including pay rates, leave entitlements, and dispute resolution processes. The Commission also determined that the agreement had been properly certified and that there were no procedural flaws that would render it invalid. Consequently, the application for approval and registration was successful.

The Fair Work Commission approved the Macarthur Preschool Inc. Employee Enterprise Agreement 2018, ordering that it be registered under the Fair Work Act 2009. This decision ensured that the agreement would be legally enforceable against the employer, providing certainty and protection for the employees covered by the agreement. The union's application was thus granted in its entirety, with the agreement now in force and effect.

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