DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/5000)

THE GYMEA NURSERY SCHOOL AND KINDERGARTEN COOPERATIVE SOCIETY LTD. TEACHERS AGREEMENT 2017

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 17 NOVEMBER 2017

Application for approval of The Gymea Nursery School and Kindergarten Cooperative Society Ltd Teachers Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Gymea Nursery School and Kindergarten Cooperative Society Ltd. Teachers 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the Gymea Nursery School and Kindergarten Cooperative Society Ltd t/as Gymea Community Preschool. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 24 November 2017. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia seeking approval for The Gymea Nursery School and Kindergarten Cooperative Society Ltd Teachers Agreement 2017. The primary issue was whether the agreement met the statutory requirements under the Fair Work Act 2009 for a modern award. The union argued that the agreement sufficiently covered all the necessary terms and conditions of employment, while the employer contended that certain provisions were inadequate or not in line with the legal framework.

The Commission examined several key legal issues, including whether the agreement provided for a minimum rate of pay and included provisions on penalty rates, leave entitlements, and procedural fairness in workplace disputes. A significant point of contention was the employer's proposal to incorporate provisions that deviated from the standard terms found in the relevant modern award. The Commission had to determine if these deviations were permissible under the Act and if they complied with the requirement for agreements to be no less favourable than the corresponding award.

In its decision, the Commission found that while the agreement contained most of the necessary provisions, certain clauses did not align with the statutory requirements or the award. The Commission made specific amendments to ensure the agreement met the standards set out in the Act and the relevant award. The modifications included adjustments to the penalty rates and leave provisions to bring them in line with the award. Ultimately, the Commission approved the agreement with these modifications, ensuring that all employees of the Cooperative Society would be adequately covered under a legally compliant modern award.

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