DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/4780)

COBARGO PRESCHOOL CHILDREN’S SERVICES INCORPORATED TEACHERS COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER SAUNDERS	NEWCASTLE, 27 NOVEMBER 2017

Application for approval of the Cobargo Preschool Children’s Services Incorporated Teachers Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cobargo Preschool Children’s Services 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 4 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 Independent Education Union of Australia brought an application before the Fair Work Commission to seek approval of the Cobargo Preschool Children’s Services Incorporated Teachers Collective Agreement 2017. The application was opposed by the employer, Cobargo Preschool Children’s Services Incorporated. The primary dispute centred on the interpretation and validity of certain clauses within the collective agreement, particularly those relating to remuneration and working conditions for teachers employed by the preschool service.

The legal issues that the Commission was required to address included whether the proposed agreement complied with the provisions of the Fair Work Act 2009, specifically concerning the minimum standards set out in the National Employment Standards. Additionally, the Commission needed to determine if the agreement adequately addressed the specific needs of the teachers and was fair and reasonable in the circumstances. The Commission also examined whether the agreement provided appropriate mechanisms for resolving disputes and grievances, and if the terms of the agreement were consistent with the overarching principles of good faith bargaining and fairness.

The Fair Work Commission found that the proposed agreement met the necessary requirements under the Fair Work Act 2009. The Commission determined that the agreement provided adequate protection for the teachers’ rights and was consistent with the National Employment Standards. The Commission further concluded that the agreement was fair and reasonable, taking into account the specific needs of the teachers and the employer's capacity to meet those needs. The Commission approved the Cobargo Preschool Children’s Services Incorporated Teachers Collective Agreement 2017, subject to certain conditions and amendments that addressed minor procedural concerns.

In approving the agreement, the Commission emphasised the importance of the principles of good faith bargaining and fairness in the workplace. The Commission highlighted the need for continued dialogue and cooperation between the parties to ensure the ongoing effectiveness of the agreement. The final orders included the approval of the collective agreement, with specific conditions relating to the implementation of grievance and dispute resolution mechanisms, as well as certain amendments to ensure clarity and fairness in the agreement.

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