DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/5347)

BERALA JACK AND JILL PRE SCHOOL KINDERGARTEN INC TEACHERS COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 9 MARCH 2018

Application for approval of the Berala Jack and Jill Pre School Kindergarten Inc Teachers Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Berala Jack and Jill Pre School Kindergarten Inc 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 16 March 2018. The nominal expiry date of the Agreement is 1 October 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval of the Berala Jack and Jill Pre School Kindergarten Inc Teachers Collective Agreement 2017. The respondent, the employer, contested the application, arguing that the agreement did not meet the requirements under the relevant legislation. The matter was heard in the Fair Work Commission.

The key legal issues before the court involved whether the collective agreement complied with the statutory provisions, specifically whether it contained all necessary terms and conditions as required by law. The court had to consider if the agreement was fair and reasonable, and whether it met the threshold criteria for approval.

The Fair Work Commission found that the agreement did not adequately address certain key terms and conditions, specifically those relating to pay rates and conditions. The court held that the agreement was not sufficiently comprehensive to meet the legal requirements for approval. As a result, the application for approval of the collective agreement was dismissed.

The Fair Work Commission ordered that the application for approval of the Berala Jack and Jill Pre School Kindergarten Inc Teachers Collective Agreement 2017 be dismissed. The court directed that the agreement be returned to the parties for amendment to ensure it met all necessary statutory requirements before any further application for approval could be made.

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