DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/5240)

CHILDREN’S SERVICES COMMUNITY MANAGEMENT LIMITED ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 20 MARCH 2019

Application for approval of the Children’s Services Community Management Limited Enterprise Agreement 2017.

[1] Application has been made for approval of a single enterprise agreement known as the Children’s Services Community Management Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 Agreement lodged contained an error at clause 17.5. On 28 February 2019, the Applicant sought to amend the Agreement to correct the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Independent Education Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Independent Education Union of Australia and the Children’s Services Community Management Limited. The dispute centred on the approval of the Children’s Services Community Management Limited Enterprise Agreement 2017. The case was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and employment agreements.

The primary legal issues the court had to address were whether the proposed enterprise agreement complied with the relevant legislative requirements and whether the agreement was in the best interests of the employees. Specifically, the court examined if the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The court determined that the agreement met all necessary statutory requirements and was fair and reasonable. The commission found that the agreement provided for appropriate remuneration, working conditions, and other terms that were beneficial to the employees. The court was satisfied that the agreement would not have an adverse effect on the employees' overall terms and conditions of employment. Therefore, the court approved the agreement, confirming its compliance with the law and its suitability for the employees involved.

The Fair Work Commission approved the Children’s Services Community Management Limited Enterprise Agreement 2017, affirming its compliance with the Fair Work Act 2009 and its fairness for the employees. This decision effectively resolved the dispute between the Independent Education Union of Australia and the Children’s Services Community Management Limited.

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