DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/3408)

GOROKAN PRESCHOOL INCORPORATED TEACHERS’ COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 26 OCTOBER 2017

Application for approval of the Gorokan Preschool Incorporated Teachers’ Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gorokan Preschool 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 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 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 brought an application to the Fair Work Commission, seeking approval of the Gorokan Preschool Incorporated Teachers’ Collective Agreement 2017. The applicant argued that the agreement met the necessary conditions for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and whether it was fair and reasonable for the employees it covered.

The primary legal issue before the Commission was whether the agreement fulfilled the criteria for approval, including whether it was free from prohibited content and whether it was appropriate and reasonable for the employees it covered. The Commission had to consider the content of the agreement, the bargaining process, and the fairness of the terms. The Commission also needed to ensure that the agreement did not contain any provisions that contravened the Fair Work Act.

The Commission found that the agreement was free from prohibited content and that the bargaining process was fair and reasonable. The terms of the agreement were considered appropriate for the employees it covered, and the Commission was satisfied that the agreement met the necessary criteria for approval. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for the employees it covered.

The Fair Work Commission approved the Gorokan Preschool Incorporated Teachers’ Collective Agreement 2017, confirming its compliance with the Fair Work Act and its appropriateness for the employees it covered.

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