DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/4770)

PAMBULA PRE-SCHOOL KINDERGARTEN ASSOCIATION INCORPORATED TEACHERS COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER SAUNDERS	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Pambula Pre-school Kindergarten Association Incorporated Teachers Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pambula Pre-school Kindergarten Association Incorporated Teachers 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 Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[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 12 December 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Pambula Pre-school Kindergarten Association Incorporated Teachers Collective Agreement 2017. The union sought approval of the agreement under section 234 of the Fair Work Act 2009, arguing that it met the "better off overall test" and was in the best interests of the employees covered by the agreement. The Pambula Pre-school Kindergarten Association opposed the application, contending that the agreement did not meet the statutory criteria for approval.

The primary legal issue before the commission was whether the collective agreement satisfied the requirements of the Fair Work Act, particularly whether it met the "better off overall test" as stipulated in section 234(2) of the Act. This test required the commission to determine whether the employees would be better off overall with the agreement than without it, taking into account all relevant factors, including the financial and non-financial benefits provided by the agreement. The commission also had to consider whether the agreement was in the best interests of the employees, as required by section 234(3) of the Act.

In assessing the application, the commission considered the evidence and arguments presented by both parties. It evaluated the financial and non-financial benefits provided by the agreement, including wages, leave entitlements, and other conditions of employment. The commission also took into account the views of the employees, as expressed through the union's application and the association's opposition. After careful consideration, the commission determined that the agreement met the "better off overall test" and was in the best interests of the employees. The commission approved the application, finding that the agreement provided a fair and reasonable outcome for the employees and was consistent with the objectives of the Fair Work Act.

The commission's final order was that the Pambula Pre-school Kindergarten Association Incorporated Teachers Collective Agreement 2017 be approved under section 234 of the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would have legal effect from the date of registration. The commission also ordered that the union and the association take all necessary steps to give effect to the approved agreement, including providing notice to the employees and ensuring that the terms of the agreement were complied with.

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