DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Independent Education Union of Australia
(AG2018/1336)

BERALA JACK AND JILL PRE SCHOOL KINDERGARTEN INC TEACHERS COLLECTIVE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JULY 2018

Application for variation of the Berala Jack and Jill Pre School Kindergarten Inc Teachers Collective Agreement 2017.

[1] An application has been made for approval of a variation to the Berala Jack and Jill Pre School Kindergarten Inc Teachers Collective Agreement 2017 (the Agreement). The application was made by Independent Education Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
[6] In accordance with s.216 of the Act, the variation operates from 13 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought to vary the Berala Jack and Jill Pre School Kindergarten Inc Teachers Collective Agreement 2017, with the matter being heard by the Fair Work Commission. The primary issue before the Commission was whether the proposed changes to the agreement, which included modifications to remuneration and working conditions for teachers, were in the best interests of the employees and consistent with the principles of the Fair Work Act 2009.

The Commission examined the evidence provided by both the Union and the Kindergarten to assess the impact of the proposed changes on the teachers' working conditions and remuneration. In its decision, the Commission acknowledged the need for adjustments to keep pace with inflation and other economic factors but found that the proposed changes went beyond reasonable adjustments. The Commission held that while the Union had a legitimate interest in advocating for improved conditions, the proposed changes were not in the best interests of the employees and did not comply with the principles of the Fair Work Act.

Consequently, the Commission rejected the Union's application for variation of the collective agreement. The Commission emphasised the importance of maintaining a balance between the rights of employers and employees, ensuring that any changes to working conditions and remuneration are fair and reasonable. The decision underscores the need for all parties to engage in good faith negotiations and consider the broader implications of any proposed changes to collective agreements.

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