DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/1050)

COROWA PRESCHOOL ASSOCIATION INC. EMPLOYEE COLLECTIVE AGREEMENT 2017

Children’s services
COMMISSIONER WILSON	MELBOURNE, 5 JULY 2018

Application for approval of the Corowa Preschool Association Inc. Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Corowa Preschool Association Inc. 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 12 July 2018. The nominal expiry date of the Agreement is 11 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of an Employee Collective Agreement 2017 with the Corowa Preschool Association Inc. The agreement covered employees working in early childhood education and care services in the Corowa area of New South Wales. The union argued that the agreement was appropriate and necessary to regulate the terms and conditions of employment for its members.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it provided for a genuine enterprise agreement, met the "better off overall test", and complied with the "good faith" bargaining obligations. The Commission also needed to consider whether the agreement was consistent with the principles of industrial relations law, such as the protection of employees' rights and the avoidance of discrimination.

The Commission found that the agreement was genuine, met the better off overall test, and was negotiated in good faith. The agreement provided for a range of terms and conditions, including pay rates, leave entitlements, and workplace health and safety provisions. The Commission also found that the agreement was consistent with the principles of industrial relations law and did not contain any discriminatory provisions. The Commission approved the agreement, subject to certain minor modifications.

The Fair Work Commission approved the Employee Collective Agreement 2017 between the Independent Education Union of Australia and the Corowa Preschool Association Inc., subject to certain minor modifications. The Commission found that the agreement was a genuine enterprise agreement, met the better off overall test, and was negotiated in good faith. The Commission also found that the agreement was consistent with the principles of industrial relations law and did not contain any discriminatory provisions. The modifications required by the Commission related to the calculation of overtime rates and the procedures for resolving disputes.

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