DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/1495)

KEIRAVILLE COMMUNITY PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 10 AUGUST 2018

Application for approval of the Keiraville Community Preschool Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Keiraville Community 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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Keiraville Community Preschool Employee Collective Agreement 2017 from the Fair Work Commission. The union argued that the agreement met the requirements of the Fair Work Act 2009, including the need for it to be in writing and to be made in good faith. The dispute centred on whether the agreement was appropriately negotiated and whether it complied with the statutory criteria for approval.

The Fair Work Commission was required to determine whether the collective agreement was genuinely negotiated and whether it complied with the requirements of the Fair Work Act. The commission needed to assess whether the agreement met the criteria for good faith bargaining and whether it was appropriately certified by an independent certifier. The commission also had to consider the content of the agreement to ensure it did not undermine the purpose of the Act, which is to promote productive and fair workplace relations.

The commission found that the agreement was genuinely negotiated and complied with the statutory requirements. The union provided evidence that the agreement was the result of good faith negotiations between the parties. The commission was satisfied that the agreement met the criteria for approval under the Act, including being in writing and being made in good faith. The commission noted that the agreement contained provisions that were consistent with the objectives of the Act, such as promoting productive and fair workplace relations. The commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Keiraville Community Preschool Employee Collective Agreement 2017, finding that it was genuinely negotiated and complied with the statutory requirements. The agreement was approved in writing and the commission noted that it contained provisions that were consistent with the objectives of the Fair Work Act. The union's evidence of good faith negotiations was accepted by the commission, which was satisfied that the agreement met the criteria for approval. The commission's decision provides guidance on the requirements for approving collective agreements and the importance of genuine negotiation and compliance with the Act.

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