DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/2764)

CENTRAL SHOALHAVEN MOBILE PRESCHOOL UNIT INC. TEACHERS’ COLLECTIVE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 12 JULY 2018

Application for approval of the Central Shoalhaven Mobile Preschool Unit Inc. Teachers’ Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Central Shoalhaven Mobile Preschool Unit Inc. Teachers’ 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] 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 19 July 2018. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission to approve the Central Shoalhaven Mobile Preschool Unit Inc. Teachers’ Collective Agreement 2018. The application was made under section 233 of the Fair Work Act 2009, and the Union argued that the agreement met the "better off overall test" as required by the Act. The application was opposed by the employer, the Central Shoalhaven Mobile Preschool Unit Inc., which contended that the proposed agreement did not meet the requisite standard.

The legal issues before the Commission centred on whether the proposed agreement provided for employees who were party to the agreement to be "better off overall" than they would be under the applicable awards or the general industrial awards. The Commission had to assess whether the proposed agreement provided for wages and conditions that were at least as good as, and in some respects better than, what the employees would receive under the relevant awards. The Commission also needed to consider whether the agreement met the "in good faith" requirement and was not contrary to public policy.

In delivering its decision, the Commission found that the proposed agreement did indeed meet the "better off overall test." The Commission concluded that the agreement provided for wages and conditions that were at least as good as, and in some respects better than, what the employees would receive under the relevant awards. The Commission found that the agreement had been negotiated in good faith and was not contrary to public policy. Accordingly, the Commission approved the proposed agreement under section 233 of the Fair Work Act 2009. No further orders were made.

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