Independent Education Union of Australia

[2018] FWCA 2563

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2018/534)

Wynnum General Gordon Community Preschool Early Childhood Education Enterprise Agreement 2017

Educational services
Commissioner Johns	SYDNEY, 8 MAY 2018

Application for approval of the Wynnum General Gordon Community Preschool Early Childhood Education Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Wynnum General Gordon Community Preschool Early Childhood Education Enterprise 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.

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.

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 15 May 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for the approval of the Wynnum General Gordon Community Preschool Early Childhood Education Enterprise Agreement 2017. The application was contested by the employer, who argued that the agreement was not sufficiently in the interests of the employees. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement satisfied the requirements of section 234 of the Act. This included whether the agreement promoted the fair and efficient operation of the workplace, and whether it was sufficiently in the interests of the employees. The employer argued that the agreement did not adequately address several issues, including the distribution of work, the classification of employees, and the terms and conditions of employment.

The Commission found that the agreement met the criteria for approval. It was satisfied that the agreement promoted the fair and efficient operation of the workplace, and that it was sufficiently in the interests of the employees. The Commission noted that the agreement addressed many of the issues raised by the employer, and that it provided for a fair and reasonable distribution of work, and for the classification and terms and conditions of employment of the employees. The Commission also found that the agreement was consistent with the principles of the National Employment Standards, and did not contain any terms that were contrary to public policy.

The Commission approved the Wynnum General Gordon Community Preschool Early Childhood Education Enterprise Agreement 2017, and it will now be registered with the Fair Work Commission. The employer and the employees are bound by the terms of the agreement, and it will regulate their employment relationship.

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