Independent Education Union of Australia

[2017] FWCA 5583

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2017/3518)

The Long Jetty Preschool Inc. Teachers’ Collective Agreement 2017

Educational services
Commissioner McKinnon	MELBOURNE, 26 OCTOBER 2017

Application for approval of The Long Jetty Preschool Inc. Teachers’ Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as The Long Jetty Preschool Inc. 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 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.

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.

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 2 November 2017. The nominal expiry date of the Agreement is 25 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application for approval of The Long Jetty Preschool Inc. Teachers’ Collective Agreement 2017 before the Fair Work Commission. The application sought approval of the agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for preschool teachers employed by The Long Jetty Preschool Inc.

The primary legal issue before the Commission was whether the collective agreement met the statutory criteria for approval as a ‘modern award’. This required consideration of whether the agreement was fairly negotiated, did not unfairly discriminate against any employees, and was not detrimental to the ‘efficient operation’ of the preschool. The Commission also had to assess whether the agreement contained appropriate dispute resolution mechanisms and complied with other legislative requirements.

In delivering its decision, the Commission carefully examined the content of the collective agreement against the statutory criteria. The Commission determined that the agreement was fairly negotiated, did not unfairly discriminate, and did not impede the efficient operation of the preschool. The agreement also included suitable dispute resolution procedures and adhered to all relevant legislative provisions. Accordingly, the Commission approved the application and granted the collective agreement registration as a modern award.

The Fair Work Commission approved the application and registered The Long Jetty Preschool Inc. Teachers’ Collective Agreement 2017 as a modern award, effective from the date of the decision. The approval allowed the agreement to apply as the terms and conditions of employment for the preschool teachers, subject to any modifications that may arise through future negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established