DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/5100)

COOMA LAMBIE PRE SCHOOL ASSOCIATION INC. TEACHERS AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the Cooma Lambie Pre School Association Inc. Teachers Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cooma Lambie Pre School Association Inc. Teachers 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement lodged contained an error at Clause 4. On 31 January 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 13 February 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application in the Federal Circuit Court of Australia for approval of the Cooma Lambie Pre School Association Inc. Teachers Agreement 2018. The application involved determining whether the proposed agreement met the necessary criteria under the Fair Work Act 2009, specifically in relation to minimum workplace entitlements and conditions for teachers at the specified pre-school.

The primary legal issues before the court were whether the agreement provided for fair and reasonable minimum standards for wages and conditions, and if it was consistent with the overarching principles of the Fair Work Act. The court had to assess the agreement against the Fair Work Act's requirements to ensure it did not undermine the protection of minimum standards and allowed for flexibility within the bargaining process.

The court found that the agreement contained provisions that met the statutory minimum standards for wages and conditions, and that it was fair and reasonable in its terms. The agreement was also deemed to be consistent with the principles of the Fair Work Act. The court was satisfied that the agreement provided for adequate protections for teachers while allowing for flexibility in the workplace. The court approved the agreement, emphasising the importance of maintaining a balance between protecting employee rights and allowing for effective collective bargaining.

No further orders were made beyond the approval of the agreement. The court's decision confirmed the agreement as a legally binding instrument for the specified pre-school and its teachers, ensuring that both parties' interests were fairly represented and protected under the Fair Work Act.

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