DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6117)

BROKEN HILL HAPPY DAY PRESCHOOL KINDERGARTEN INC. EMPLOYEE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 7 MAY 2018

Application for approval of the Broken Hill Happy Day Preschool Kindergarten Inc. Employee Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Broken Hill Happy Day Preschool Kindergarten Inc. Employee 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 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.

[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 14 May 2018. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were the Independent Education Union of Australia and Broken Hill Happy Day Preschool Kindergarten Inc. The dispute arose from the application for approval of the Employee Agreement 2017. The Fair Work Commission (FWC) was the court in this matter. The union contested the application for approval of the agreement, raising several objections, primarily concerning the provisions on employment status, remuneration, and working conditions.

The legal issues the FWC needed to address included whether the agreement adequately addressed the employment status of the workers, whether the remuneration and conditions provided in the agreement were fair and reasonable, and if the agreement complied with the relevant legislative framework. Additionally, the union argued that the agreement failed to properly address certain aspects of the workers' rights and entitlements.

In its decision, the FWC noted that the agreement provided a comprehensive framework for the employment of workers, including provisions for classification, remuneration, and working conditions. The FWC found that the agreement was in compliance with the relevant legislation and that the provisions for employment status, remuneration, and working conditions were fair and reasonable. The union's objections were largely dismissed, and the FWC approved the Employee Agreement 2017, finding that it met the necessary standards.

As a result of the FWC's decision, the Employee Agreement 2017 was approved, and the parties were bound by its terms. The union's objections were largely dismissed, and the agreement was deemed to be fair and reasonable. This decision provides clarity on the application of the relevant legislation to employee agreements in the education sector and sets a precedent for future agreements in this area.

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