DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/3485)

HAMILTON CHILD CARE CENTRE INC. TEACHERS’ AGREEMENT 2017

Educational services
COMMISSIONER MCKENNA	SYDNEY, 16 NOVEMBER 2018

Application for approval of the Hamilton Child Care Centre Inc. Teachers’ Agreement 2017.

[1] An application has been made for the approval of an enterprise agreement known as the Hamilton Child Care Centre Inc. Teachers’ Agreement 2017 (“the Agreement”). The application was made by the Independent Education Union of Australia pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the employer addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be terms of the Agreement.

[3] The Independent Education Union of Australia has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Hamilton Child Care Centre Inc. Teachers’ Agreement 2017. The application was made under the Fair Work Act 2009, seeking approval of the agreement as a registered agreement, which would provide it with a degree of enforceability and protection from challenges based on its content. The union argued that the agreement was fair and reasonable and should be approved as a registered agreement.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for minimum terms and conditions of employment, and whether it was procedurally fair. The Commission needed to determine whether the agreement was genuinely negotiated and whether it provided for the rights and protections of employees. The Commission also needed to consider whether the agreement was consistent with the objects of the Fair Work Act, including the promotion of cooperative and productive workplace relations.

The Commission found that the agreement met the criteria for approval. The agreement provided for minimum terms and conditions of employment, including pay rates, leave entitlements, and working hours. The Commission also found that the agreement was procedurally fair, as it was genuinely negotiated between the union and the employer. The Commission further found that the agreement was consistent with the objects of the Fair Work Act, and provided for the rights and protections of employees. The Commission approved the agreement as a registered agreement, subject to certain modifications to ensure that it complied with the Fair Work Act.

The Commission ordered that the agreement be approved as a registered agreement, subject to the modifications made by the Commission. The modifications included changes to the agreement to ensure that it complied with the Fair Work Act, including provisions relating to minimum pay rates and maximum weekly hours. The agreement was approved as a registered agreement on 1 April 2018, and provides a framework for the employment of teachers in the Hamilton Child Care Centre 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