DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/6067)

BRAIDWOOD PRESCHOOL ASSOCIATION INC. TEACHERS' ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MARCH 2019

Application for approval of the Braidwood Preschool Association Inc. Teachers' Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Braidwood Preschool Association Inc. Teachers’ 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• 27.2;

• 23.2;

• 24.1(a), (b), (c); and

• 24.3(b).

•

[4] However, noting clause 3.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] 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.

[7] The Agreement was approved on 16 March 2019 and, in accordance with s.54, will operate from 23 March 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, acting on behalf of teachers at the Braidwood Preschool Association Inc., applied to the Fair Work Commission for approval of the 2018 Teachers' Enterprise Agreement. The application was contested by the Preschool Association which argued that the agreement contained terms that were not consistent with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act, specifically focusing on whether the agreement provided for the fair and efficient resolution of workplace issues and if it was in the interests of the employees and employers involved.

The central legal issues before the Commission were whether certain provisions in the agreement aligned with the objectives of the Fair Work Act, which includes promoting high levels of employment and the provision of fair work conditions. The Commission examined whether the agreement provided for an efficient and fair process for resolving workplace issues, and whether it was in the interests of the teachers and the preschool association. The Commission also had to consider if the agreement complied with the Act's provisions regarding minimum entitlements and the promotion of economic and social objectives.

In delivering its decision, the Commission found that the agreement largely met the requirements for approval. It noted that the agreement included provisions for the resolution of workplace issues and provided for a fair and efficient process, which was consistent with the Act's objectives. The Commission determined that the agreement was in the interests of both the teachers and the preschool association, as it provided for reasonable working conditions and addressed the needs of both parties. The Commission also concluded that the agreement did not breach any of the Act's provisions regarding minimum entitlements. As a result, the Commission approved the agreement, subject to certain minor modifications to ensure full compliance with the Act.

The Fair Work Commission approved the 2018 Teachers' Enterprise Agreement for the Braidwood Preschool Association Inc., subject to the modifications made to ensure compliance with the Fair Work Act 2009. The Commission's decision confirmed the agreement as meeting the statutory requirements for approval, thereby ensuring that it would serve the interests of both the teachers and the preschool association while maintaining fair work conditions.

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