DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/2829)

HOWLONG PRESCHOOL ASSOCIATION INC. EMPLOYEE COLLECTIVE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Howlong Preschool Association Inc. Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Howlong Preschool Association Inc. Employee Collective 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 25 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Howlong Preschool Association Inc. Employee Collective Agreement 2018. This agreement was contested by the Preschool, which argued it failed to comply with legislative requirements. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the Collective Agreement complied with the Fair Work Act 2009, particularly in relation to the terms and conditions of employment for the Preschool's staff. The Commission examined whether the agreement met the necessary criteria for approval, including whether it was made in good faith and whether it was consistent with the provisions of the Act.

In its reasoning, the Commission considered the specific provisions of the agreement, focusing on the fairness and reasonableness of the terms. The Commission determined that the agreement was made in good faith and was consistent with the Act, finding no breaches or non-compliance. The Commission was satisfied that the agreement appropriately addressed the employment conditions of the Preschool's staff, including provisions for hours of work, leave entitlements, and classification of employees. Consequently, the Commission approved the Collective Agreement, affirming its compliance with the statutory requirements.

The Fair Work Commission's decision was to approve the Howlong Preschool Association Inc. Employee Collective Agreement 2018. The Commission found that the agreement met all legislative criteria for approval, including being made in good faith and being consistent with the Fair Work Act 2009. The Commission rejected the Preschool's contentions that the agreement was non-compliant and found no grounds for refusal. The approval of the agreement ensures that the terms and conditions of employment for the Preschool's staff are legally recognised and enforceable.

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