DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6292)

BAULKHAM HILL PRESCHOOL KINDERGARTEN EMPLOYEE COLLECTIVE AGREEMENT 2017

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MAY 2018

Application for approval of the Baulkham Hill Preschool Kindergarten Employees Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Baulkham Hill Preschool Kindergarten Employees 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] The Employer 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Industrial Relations Commission of New South Wales was tasked with considering the application for approval of the Baulkham Hill Preschool Kindergarten Employees Agreement 2017. The applicant, Independent Education Union of Australia, sought to have the agreement recognised as a registered agreement under the Industrial Relations Act 1991. The dispute centred around the terms and conditions of employment for the preschool's staff, with the union arguing that the agreement was necessary to protect the rights and interests of its members.

The primary legal issues the court needed to address were whether the agreement complied with the requirements set out in the Industrial Relations Act 1991 and whether it had been genuinely negotiated between the union and the employer. In particular, the court had to determine if the agreement met the criteria for being a "modern award," which is an agreement that sets out minimum terms and conditions of employment that must be provided to employees. Additionally, the court examined whether the agreement was fair and reasonable, and if it provided adequate protections for the employees.

The court found that the agreement was compliant with the requirements of the Act and was genuinely negotiated between the union and the employer. It was determined that the agreement met the criteria for a modern award and provided fair and reasonable terms and conditions of employment for the preschool staff. The court emphasised the importance of protecting the rights of employees in the education sector and recognised the need for such agreements to ensure a fair and equitable workplace. As a result, the court approved the Baulkham Hill Preschool Kindergarten Employees Agreement 2017 as a registered agreement under the Industrial Relations Act 1991.

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