DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/2536)

UNITINGCARE ST MATTHEWS PRESCHOOL ENTERPRISE AGREEMENT 2018

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 24 OCTOBER 2018

Application for approval of the UnitingCare St Matthews Preschool Enterprise Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the UnitingCare St Matthews Preschool Enterprise Agreement 2018 (“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. As the Agreement does not have a complying flexibility clause, I note also that the model flexibility term is taken to be a term 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 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application by the Independent Education Union of Australia, the Fair Work Commission was tasked with approving the UnitingCare St Matthews Preschool Enterprise Agreement 2018. The application came about as a result of negotiations between the union and the employer regarding the terms and conditions of employment for the preschool's staff. The legal issues before the Commission involved ensuring that the proposed agreement met the requirements of the Fair Work Act 2009 and did not undermine the fundamental rights of employees.

The Commission needed to assess whether the agreement appropriately balanced the interests of both parties and whether it provided adequate protections for employees. Key considerations included the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission also had to ensure that the agreement did not adversely affect employees' job security or working conditions and that it complied with relevant industrial laws and regulations.

After reviewing the evidence and arguments presented by both parties, the Commission found that the proposed agreement was fair and reasonable. The agreement provided for fair wages and conditions of employment while also allowing for flexibility and efficiency in the preschool's operations. The Commission concluded that the agreement met the necessary legal standards and approved it. Consequently, the UnitingCare St Matthews Preschool Enterprise Agreement 2018 was approved, effective from the date of the Commission's decision.

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