Independent Education Union of Australia

[2018] FWCA 365

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2017/4466)

Wallsend Community Preschool Inc Teachers Agreement 2017

Educational services
Commissioner Wilson	MELBOURNE, 17 JANUARY 2018

Application for approval of the Wallsend Community Preschool Inc Teachers Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Wallsend Community Preschool Inc Teachers 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2018. The nominal expiry date of the Agreement is 20 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission seeking approval of the Wallsend Community Preschool Inc Teachers Agreement 2017. The preschool, an independent non-profit organisation, had entered into an agreement with the union, which represented the teachers. The agreement outlined various terms and conditions of employment for the teachers, including wages, working hours, and leave entitlements. The union argued that the agreement was fair and reasonable and should be approved by the Commission.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, and whether it was consistent with the Fair Work Act. The Commission needed to determine whether the agreement provided for a minimum wage rate that was at least equal to the relevant award or registered agreement, and whether it provided for minimum conditions that were no less favourable than those in the relevant award or registered agreement. Additionally, the Commission needed to consider whether the agreement was consistent with the objectives of the Fair Work Act, including promoting high levels of employment and participation, and facilitating cooperative workplace relations.

The Commission found that the agreement provided for a safety net of minimum wages and conditions that were no less favourable than those in the relevant award or registered agreement. The agreement provided for a minimum wage rate that was at least equal to the relevant award or registered agreement, and provided for minimum conditions that were no less favourable than those in the relevant award or registered agreement. The Commission was satisfied that the agreement was consistent with the objectives of the Fair Work Act and promoted high levels of employment and participation, and facilitated cooperative workplace relations. Accordingly, the Commission approved the agreement.

The Commission made an order approving the Wallsend Community Preschool Inc Teachers Agreement 2017 as a registered agreement under the Fair Work Act. The order was effective from the date of the Commission's decision and was to remain in force until the earlier of the parties terminating the agreement in accordance with its terms, or the agreement being superseded by a new registered agreement. The agreement was to apply to all teachers employed by the preschool who were members of the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established