Independent Education Union of Australia Summary

[2018] FWCA 3493

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2018/615)

Tower Pre School Employee Collective Agreement 2017

Educational services
Commissioner Johns	MELBOURNE, 14 JUNE 2018

Application for approval of the Tower Pre School Employee Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Tower Pre School 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 the Independent Education Union of Australia. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 21 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval of the Tower Pre School Employee Collective Agreement 2017. The respondent, Tower Pre School, argued that the agreement was unfair, as it did not adequately address the issue of employee remuneration and conditions. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically sections 228 and 230, which relate to the approval and unfair provisions of agreements. The Commission had to determine if the agreement was in the best interests of the employees and if it contained any unfair provisions.

The Commission found that the agreement was in the best interests of the employees and did not contain any unfair provisions. The Commission noted that the agreement provided for fair and reasonable remuneration and conditions, and that the parties had engaged in good faith bargaining. The Commission also found that the agreement contained provisions for dispute resolution and that it was consistent with the principles of the Fair Work Act. The Commission approved the agreement.

The Fair Work Commission approved the Tower Pre School Employee Collective Agreement 2017, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable remuneration and conditions, and that the parties had engaged in good faith bargaining. The Commission also found that the agreement contained provisions for dispute resolution and that it was consistent with the principles of the Fair Work Act.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established