DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/3987)

BERRY COMMUNITY PRE-SCHOOL INCORPORATED EMPLOYEE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 DECEMBER 2017

Application for approval of the Berry Community Pre-school Incorporated Employee Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Berry Community Pre-school Incorporated Employee 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 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.

[5] The Agreement was approved on 18 December 2017 and, in accordance with s.54, will operate from 25 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 case involves the Independent Education Union of Australia, acting on behalf of employees of Berry Community Pre-school Incorporated, and the pre-school itself. The dispute revolves around the application for approval of the Berry Community Pre-school Incorporated Employee Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement adequately covered minimum entitlements, if it was sufficiently clear and accessible, and whether it was the product of genuine agreement between the parties. The Commission also had to assess whether the agreement complied with the principles of enterprise bargaining set out in the Act.

In examining these issues, the Commission considered the provisions of the agreement, the submissions from both parties, and relevant legislative and regulatory frameworks. The Commission noted that the agreement contained all the required minimum entitlements and was clear and accessible to the parties involved. The Commission found that the agreement was indeed the result of genuine bargaining efforts by both parties, evidenced by the negotiation process and the presence of independent witnesses. The Commission concluded that the agreement met all the necessary criteria for approval under the Act.

As a result, the Fair Work Commission approved the Berry Community Pre-school Incorporated Employee Agreement 2017. The decision highlights the importance of ensuring that employee agreements meet the statutory requirements for approval, including covering minimum entitlements, clarity, accessibility, and genuine agreement. This case serves as a useful reference for employers and unions when negotiating and finalising employee agreements within the independent education sector.

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