DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/3662)

CAVES BEACH UNITING PRESCHOOL ENTERPRISE AGREEMENT 2017

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Caves Beach Uniting Preschool Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Caves Beach Uniting Preschool Enterprise 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 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 30 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the Caves Beach Uniting Preschool Enterprise Agreement 2017, with the employer, UnitingCare NSW/ACT, contesting the application on several grounds. The Union argued that the Agreement was appropriate and fair, while the employer contended that certain provisions were invalid due to procedural irregularities and substantive issues. The dispute centred on whether the Agreement was made in accordance with the Fair Work Act 2009 and whether it met the necessary criteria for approval.

The legal issues before the Commission included whether the Union had appropriately certified the Agreement as a "single interest" employer bargaining agent, whether the Agreement was made in good faith, and whether certain provisions complied with the Fair Work Act. The employer raised concerns about the process of developing the Agreement and questioned the fairness of specific clauses regarding pay rates and conditions. The Commission had to determine whether the Union had the authority to negotiate and certify the Agreement and whether the process and content of the Agreement complied with the statutory requirements.

The Commission found that the Union had certified the Agreement in accordance with the Fair Work Act and that the process of developing the Agreement was generally fair. However, the Commission identified issues with certain clauses regarding pay rates and conditions. After negotiations, the parties reached an agreement on revised provisions. The Commission ultimately approved the Caves Beach Uniting Preschool Enterprise Agreement 2017, subject to the revised terms. The Commission's decision focused on ensuring that the Agreement was appropriately certified, made in good faith, and complied with the statutory requirements for approval.

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