Independent Education Union of Australia

[2018] FWCA 604

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2017/4356)

Springdale Heights Preschool Inc. Employee Collective Agreement 2017

Educational services
Commissioner Johns	MELBOURNE, 30 JANUARY 2018

Application for approval of the Springdale Heights Preschool Inc. Employee Collective Agreement 2017.

On 21 September 2017 the Independent Education Union of Australia (Applicant) made an application for approval of the Springdale Heights Preschool Inc. Employee 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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, 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 6 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application seeking approval of the Springdale Heights Preschool Inc. Employee Collective Agreement 2017. The dispute was heard in the Fair Work Commission. The agreement, if approved, would govern the employment conditions of workers at the preschool.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the bargaining process and the content of the agreement. The Commission had to determine if the agreement was genuinely negotiated and if it adhered to the principles of procedural fairness and good faith bargaining. Additionally, the Commission needed to assess if the agreement was in the best interests of the employees and if it complied with the provisions of the Act.

The Commission found that the agreement was genuinely negotiated between the union and the employer. It determined that the bargaining process was conducted in good faith and that the content of the agreement was fair and reasonable. The Commission concluded that the agreement met the legislative requirements and was in the best interests of the employees. Consequently, the Commission approved the Springdale Heights Preschool Inc. Employee Collective Agreement 2017.

The Commission's approval of the agreement means that it will now be legally binding on the parties involved. The agreement will provide the framework for the employment conditions of the workers at the preschool, ensuring they are fairly and adequately covered by the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established