DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6562)

BERMAGUI PRE-SCHOOL CO-OPERATIVE SOCIETY LTD TEACHERS COLLECTIVE AGREEMENT 2017

Children’s services
COMMISSIONER JOHNS	SYDNEY, 1 MAY 2018

Application for approval of the Bermagui Pre-school Co-operative Society LTD Teachers Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bermagui Pre-school Co-operative Society LTD Teachers 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 8 May 2018. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Bermagui Pre-school Co-operative Society LTD Teachers Collective Agreement 2017 from the Fair Work Commission. The Bermagui Pre-school Co-operative Society LTD had entered into the agreement with the union on behalf of its employees, who are teachers at the pre-school. The union argued that the agreement met all the requirements of the Fair Work Act 2009 and should be approved.

The central legal issue before the commission was whether the agreement was a "registered agreement" under the Fair Work Act, meaning it complied with the legislative criteria for such agreements. Specifically, the commission needed to determine whether the agreement was made in good faith and covered all relevant employees, among other things. The commission also had to consider whether the agreement met the minimum standards set by the Act, such as those relating to minimum wages and conditions.

The commission found that the agreement was a genuine collective agreement, made in good faith, and covered all relevant employees. It also met the minimum standards set by the Act, including those relating to minimum wages and conditions. The commission noted that the agreement included provisions for minimum hours, rates of pay, and other conditions of employment, all of which were consistent with the Act. The commission was satisfied that the agreement was fair and reasonable, and approved it accordingly.

The commission's approval of the agreement means that it will now be a legally binding contract between the pre-school and its teachers. The agreement sets out the terms and conditions of employment for the teachers, including their pay and working conditions. The union and the pre-school can now implement the agreement and ensure that it is followed by all parties. The approval of the agreement is an important step in ensuring that the teachers at the pre-school are treated fairly and equitably, and that they have a collective voice in their workplace.

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