Independent Education Union of Australia Summary

[2018] FWCA 7067

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2018/3135)

Ross Circuit Preschool Employee Collective Agreement 2017

Children's services
Deputy President Kovacic	CANBERRA, 19 NOVEMBER 2018

Application for approval of the Ross Circuit Preschool Employee Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Ross Circuit Preschool Employee Collective Agreement 2017 (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.

Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 26 November 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Independent Education Union of Australia, sought approval of the Ross Circuit Preschool Employee Collective Agreement 2017. The agreement was entered into between the union and the employer, and the union sought to have the agreement registered under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the provisions of the Act and if it was in the best interests of the employees. The Commission also considered if the agreement provided for the protection of employees' rights and interests, and if it was consistent with the principles of the Act.

The Commission found that the agreement met the requirements for approval under the Act. The Commission considered that the agreement provided for the protection of employees' rights and interests, and was consistent with the principles of the Act. The Commission also found that the agreement was in the best interests of the employees, and that it provided for a fair and reasonable outcome for both parties. The Commission approved the agreement, subject to certain conditions and modifications.

The Fair Work Commission approved the Ross Circuit Preschool Employee Collective Agreement 2017, subject to certain conditions and modifications. The Commission found that the agreement met the requirements for approval under the Fair Work Act, and that it provided for the protection of employees' rights and interests. The Commission also found that the agreement was in the best interests of the employees, and that it provided for a fair and reasonable outcome for both parties. The agreement was approved, subject to certain conditions and modifications.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established