DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/5591)

BEXLEY JACK AND JILL PRESCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2018

Children's services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MARCH 2019

Application for approval of the Bexley Jack and Jill Preschool Inc. Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bexley Jack and Jill Preschool Inc. Employee Collective 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] 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 5 April 2019. The nominal expiry date of the Agreement is 31 August 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bexley Jack and Jill Preschool Inc., sought approval of its Employee Collective Agreement 2018 under the Fair Work Act 2009. The dispute centred on the legality and fairness of certain provisions within the agreement, particularly those concerning parental leave and the right to request flexible work arrangements. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act, specifically sections relating to the approval process for collective agreements and the substantive provisions regarding employee entitlements. The Commission had to determine whether the provisions in the agreement met the legislative requirements for approval and whether they complied with the Act's objectives of achieving fair work outcomes.

In its decision, the Commission carefully examined the collective agreement and the relevant statutory provisions. It found that the provisions concerning parental leave were generally compliant with the Act, providing adequate entitlements that aligned with the statutory minimum standards. However, the Commission identified issues with the clause regarding flexible work arrangements, noting that it did not sufficiently protect employees' rights as required by the Act. Consequently, the Commission did not approve the agreement in its entirety but allowed modifications to the flexible work arrangements clause to ensure compliance with the statutory requirements.

The Fair Work Commission ordered that the Bexley Jack and Jill Preschool Inc. Employee Collective Agreement 2018 be approved subject to the modification of the clause on flexible work arrangements. The applicant was required to submit the amended agreement for final approval within a specified timeframe.

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