DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/3482)

BUDGEWOI HALEKULANI PRESCHOOL KINDERGARTEN INC. TEACHERS’ COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 26 OCTOBER 2017

Application for approval of the Budgewoi Halekulani Preschool Kindergarten Inc. Teachers’ Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Budgewoi Halekulani Preschool Kindergarten 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.

[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 before the Fair Work Commission seeking approval of the Budgewoi Halekulani Preschool Kindergarten Inc. Teachers’ Collective Agreement 2017. The respondent, Budgewoi Halekulani Preschool Kindergarten Inc., opposed the application on the basis that the agreement did not comply with the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the statutory requirements for approval under the Act.

The Commission examined the agreement to determine if it complied with the provisions of the Fair Work Act 2009, specifically focusing on the process by which the agreement was made. The Commission noted that the agreement had been entered into following a ballot of the teachers, which was conducted in accordance with the requirements of the Act. The Commission also considered whether the agreement contained the necessary minimum terms and conditions of employment as stipulated by the Act. The Commission found that the agreement did meet these requirements and was therefore eligible for approval.

Having found that the agreement complied with the statutory requirements, the Commission approved the Budgewoi Halekulani Preschool Kindergarten Inc. Teachers’ Collective Agreement 2017. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been made in good faith and met all the necessary criteria for approval under the Fair Work Act 2009. The Commission's approval of the agreement was final and binding, and the agreement became effective from the date of the Commission's decision.

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