Independent Education Union of Australia Summary

[2017] FWCA 6198

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2017/4762)

Bega Pre-school Association Incorporated Teachers Collective Agreement 2017

Educational services
Commissioner Saunders	NEWCASTLE, 24 NOVEMBER 2017

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

An application has been made for approval of an enterprise agreement known as the Bega Pre-school 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.

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.

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.

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

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 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 applicant, the Independent Education Union of Australia, sought approval of the Bega Pre-school Association Incorporated Teachers Collective Agreement 2017. The respondent, the Bega Pre-school Association Incorporated, opposed the application. The dispute was heard in the Fair Work Commission, an independent statutory tribunal with jurisdiction to determine matters concerning the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act, and if it was in the best interests of the employees. Specifically, the Commission needed to assess if the agreement provided for fair and reasonable terms and conditions, and if it complied with the applicable minimum standards.

The Commission found that the agreement met the statutory requirements for approval and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions, and it complied with the applicable minimum standards. The Commission noted that the agreement included provisions for a fair and reasonable remuneration structure, along with provisions for professional development and health and safety. The Commission was satisfied that the agreement was fair and reasonable, and in the best interests of the employees.

The Commission approved the Bega Pre-school Association Incorporated Teachers Collective Agreement 2017. The agreement was to be registered and would be in effect from the date of the Commission's decision until 31 December 2022, or until it was terminated earlier in accordance with its terms.

Independent Education Union of Australia

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established