DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/2383)

GLEBE RD COMMUNITY KINDERGARTEN AND PRE-SCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER GREGORY	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the Glebe Rd Community Kindergarten & Pre-School Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Glebe Rd Community Kindergarten & Pre-School Early Childhood Education Enterprise 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2018. 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

In the Fair Work Commission, the Independent Education Union of Australia (the applicant) sought approval of the Glebe Rd Community Kindergarten & Pre-School Early Childhood Education Enterprise Agreement 2017. The respondent, Glebe Rd Community Kindergarten & Pre-School (the employer), opposed the application, arguing that the agreement was not fair and reasonable. The applicant argued that the agreement was fair and reasonable, and that it met the requirements of the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement was fair and reasonable, and met the requirements of the Fair Work Act 2009. The Commission considered whether the agreement provided for a fair and reasonable rate of pay and conditions, and whether it complied with the national minimum terms and conditions set out in the relevant modern award. The Commission also considered whether the agreement provided for a fair and reasonable method of resolving disputes, and whether it complied with any relevant laws or regulations.

After considering the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable, and met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a fair and reasonable rate of pay and conditions, and that it complied with the national minimum terms and conditions set out in the relevant modern award. The Commission also found that the agreement provided for a fair and reasonable method of resolving disputes, and that it complied with any relevant laws or regulations. Accordingly, the Commission approved the agreement.

The final orders made by the Commission were that the agreement be approved, and that the approval be published in the Federal Register of Approvals. The agreement will now be registered and will apply to the employees covered by the agreement. The employer and the applicant are now bound by the terms of the agreement, and any disputes arising out of or in connection with the agreement will be resolved in accordance with the agreement's dispute resolution provisions.

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