DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/3344)

MEDOWIE COMMUNITY PRESCHOOL INC. TEACHERS AND DIRECTORS COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Medowie Community Preschool Inc. Teachers and Directors Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Medowie Community Preschool Inc. Teachers and Directors 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 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 is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 20 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved the Independent Education Union of Australia (IEUA) and Medowie Community Preschool Inc. The union sought approval for a collective agreement governing the terms and conditions of employment for teachers and directors of the preschool. The central issue was whether the agreement complied with the Fair Work Act 2009, particularly concerning the provisions on employment terms, working hours, and classification of the positions within the preschool.

The primary legal issue the FWC had to address was whether the agreement met the statutory requirements set out in the Fair Work Act. This involved assessing if the agreement contained the minimum required terms and conditions, and whether it complied with the procedural requirements for approval, such as ensuring the agreement had been subject to genuine bargaining. The FWC also had to consider whether the classification of positions within the preschool was appropriate and if the terms and conditions were fair and reasonable.

In reaching its decision, the FWC examined the contents of the collective agreement, focusing on the provisions related to employment terms, working hours, and job classification. The FWC determined that the agreement met the minimum requirements under the Fair Work Act and was the product of genuine bargaining. The FWC also found that the classification of positions and the terms and conditions were fair and reasonable, taking into account the specific circumstances of the preschool. Based on this assessment, the FWC approved the collective agreement.

Consequently, the FWC approved the Medowie Community Preschool Inc. Teachers and Directors Collective Agreement 2017, confirming its compliance with the Fair Work Act and its appropriateness for the preschool's context. This decision allows the agreement to govern the employment terms and conditions for the teachers and directors at the preschool, subject to any further legal challenges or regulatory oversight.

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