DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/4916)

GRAYS POINT PRESCHOOL KINDERGARTEN ASSOCIATION INC. TEACHERS’ ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MARCH 2019

Application for approval of the Grays Point Preschool Kindergarten Association Inc. Teachers’ Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Grays Point Preschool Kindergarten 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] 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.

[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 7 March 2019 and, in accordance with s.54, will operate from 14 March 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Independent Education Union of Australia and the Grays Point Preschool Kindergarten Association Inc., appeared before the Fair Work Commission to seek approval of the Grays Point Preschool Kindergarten Association Inc. Teachers’ Enterprise Agreement 2018. The applicants argued that the agreement was appropriate for approval under the Fair Work Act 2009, given its provisions aligned with the legislative framework and addressed the needs of both employees and the employer.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the safety and welfare of employees, and if it was consistent with the objects of the Act, including the promotion of high levels of employment and the encouragement of high productivity and economic performance. Additionally, the Commission examined whether the agreement contained all the required minimum terms and conditions, and if it adhered to the principles of good faith bargaining and workplace fairness.

The Commission found that the agreement substantially complied with the legislative requirements. It included provisions that addressed the safety and welfare of employees, and aligned with the objectives of the Fair Work Act. The agreement was deemed to be a product of good faith bargaining and provided for a balanced set of terms and conditions that were fair and reasonable. Therefore, the Commission approved the Grays Point Preschool Kindergarten Association Inc. Teachers’ Enterprise Agreement 2018. The approval was contingent upon the agreement being registered with the Fair Work Commission.

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