DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/7187)

JACARANDA PRESCHOOL INC. TEACHERS' ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

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

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

[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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clauses 23 and 24 – Personal/Carer’s Leave

• Clause 27.3(iv) – Request for flexible working arrangements

• Clause 29.3 – Community Service Leave

However, noting clause 2 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 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

In the recent matter before the Fair Work Commission, the Independent Education Union of Australia lodged an application seeking approval of the Jacaranda Preschool Inc. Teachers' Enterprise Agreement 2018. The dispute centred around whether the agreement met the requisite standards and provisions under the Fair Work Act 2009. The Commission was tasked with examining the agreement to determine its compliance with the legislation, including provisions relating to minimum wages, hours of work, and other employment conditions.

The primary legal issues that the Commission needed to address were whether the enterprise agreement provided fair and reasonable terms for the employees and whether it adhered to the procedural requirements as outlined in the Fair Work Act. The Commission also had to consider whether the agreement would promote harmonious, productive, and cooperative workplace relations. Given the specifics of the agreement and the submissions from both parties, the Commission had to meticulously analyse each clause to ensure it complied with statutory obligations and did not unfairly disadvantage either party.

After a detailed examination of the Jacaranda Preschool Inc. Teachers' Enterprise Agreement 2018, the Commission found that the agreement met the necessary standards and provisions under the Fair Work Act. The agreement was deemed to provide fair and reasonable terms, and it complied with all procedural requirements. The Commission concluded that the agreement would indeed promote harmonious, productive, and cooperative workplace relations. Consequently, the Commission approved the enterprise agreement, recognising it as meeting the statutory requirements for approval.

As a result of the Commission's decision, the Jacaranda Preschool Inc. Teachers' Enterprise Agreement 2018 was approved and will now be applicable to the teachers at the preschool. This decision ensures that the terms of the agreement are legally binding and enforceable, providing a clear framework for the employment conditions of the teachers at Jacaranda Preschool Inc.

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