Independent Education Union of Australia

[2018] FWCA 638

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2017/5060)

Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2017

Educational services
Commissioner Johns	MELBOURNE, 31 JANUARY 2018

Application for approval of the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2017.

On 25 October 2017 Independent Education Union of Australia (Applicant) made an application for approval of the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 February 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia applied for approval of the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2017. The applicant union claimed that the agreement was a new agreement under the Fair Work Act and should be registered as such. The employer, Muswellbrook Pre School Kindergarten Inc, contested the application, arguing that the agreement was a variation of an existing agreement and therefore not eligible for registration as a new agreement. The central legal issues before the Commission were whether the agreement constituted a new agreement and whether it complied with the requirements of the Fair Work Act for registration.

The Commission carefully examined the terms of the agreement and the context in which it was made. It found that the agreement contained provisions that were materially different from those in the existing agreement, and that the changes were not minor or technical in nature. The Commission concluded that the agreement was a new agreement, not a variation, as it represented a significant change in the terms and conditions of employment. Additionally, the Commission found that the agreement met all the statutory requirements for registration, including that it was made in good faith and covered a class of employees eligible for registration. Therefore, the application for approval was successful.

In light of its findings, the Commission approved the registration of the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2017 as a new agreement under the Fair Work Act. The employer's objections were dismissed, and the agreement was registered, effective from the date of the decision. The union's application was thus granted in its entirety, providing a clear framework for the employment conditions of the teachers at the kindergarten.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established