DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/3351)

SHOALHAVEN COMMUNITY PRESCHOOL INC EMPLOYEE COLLECTIVE AGREEMENT 2017

Children’s services
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Shoalhaven Community Preschool Inc Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shoalhaven Community Preschool Inc Employee 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 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 Educational 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 December 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Independent Education Union of Australia, which sought approval of the Shoalhaven Community Preschool Inc Employee Collective Agreement 2017. This agreement was in question due to certain provisions that the union believed were necessary to safeguard the rights and working conditions of employees at the preschool. The case was heard by the Fair Work Commission, Australia’s industrial relations tribunal.

The legal issues at the heart of this case revolved around whether the provisions in the collective agreement were consistent with the relevant industrial laws and regulations. Specifically, the court needed to determine if the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. These laws set out the framework for employee rights, employer obligations, and the processes for resolving workplace disputes.

In reaching its decision, the Commission examined the specifics of the collective agreement, considering the balance between the rights of the employees and the operational needs of the preschool. The court found that the majority of the provisions in the agreement were in line with the relevant industrial laws and served to protect the rights of the employees. However, certain clauses were deemed to be outside the permissible scope under the Fair Work Act and thus were not approved. The court's reasoning focused on ensuring that the agreement did not unduly restrict the operational flexibility of the preschool while still upholding the rights of the employees.

Following the court's detailed analysis, the Fair Work Commission approved the collective agreement with some modifications to ensure compliance with the industrial laws. The final orders mandated that the preschool and the union amend the agreement to remove the non-compliant provisions and submit the revised agreement for further scrutiny if necessary.

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