DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/6511)

ISIS COMMUNITY PRESCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 22 MARCH 2018

Application for approval of the Isis Community Preschool and Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Isis Community Preschool and Kindergarten Early Childhood Education Collective 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 the 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 29 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Independent Education Union of Australia and the Department of Education, Tasmania. The union applied for the approval of the Isis Community Preschool and Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. This application was brought before the Fair Work Commission, which had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was in the interests of the employees it covered and whether it was made in accordance with the relevant provisions of the Act. The union argued that the agreement was in the best interests of the employees, while the Department contended that certain aspects of the agreement did not comply with the Act. The Commission had to consider whether the agreement met the statutory requirements for approval, including whether it provided for appropriate minimum terms and conditions for the employees.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement did meet the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for pay rates, leave entitlements, and other employment conditions. The Commission also found that the agreement was made in accordance with the relevant provisions of the Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the Isis Community Preschool and Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement.

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