Independent Education Union of Australia

[2017] FWCA 4342

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2017/2518)

St Stephen’s Preschool Teachers Enterprise Agreement 2017

Educational services
Commissioner Johns	SYDNEY, 21 AUGUST 2017

Application for approval of the St Stephen’s Preschool Teachers Enterprise Agreement 2017.

On 28 June 2017 the Independent Education Union of Australia (Applicant) made an application for approval of the St Stephen’s Preschool Teachers Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union of Australia has indicated its acceptance of the undertakings.

Subject to the undertakings referred to above, the Commission is 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 August 2017. The nominal expiry date of the Agreement is 28 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the St Stephen’s Preschool Teachers Enterprise Agreement 2017 in the Fair Work Commission. The application was made under the Fair Work Act 2009, with the union arguing that the agreement met the requirements for a single-interest employer agreement and contained appropriate minimum terms and conditions. The primary legal issue before the Commission was whether the agreement complied with the relevant legislative provisions, particularly whether it contained the minimum terms and conditions stipulated by the Fair Work Act.

The Commission examined the content of the agreement to determine if it met the criteria for a single-interest employer agreement and if it incorporated the minimum terms and conditions as required. The union argued that the agreement was fair and balanced, reflecting the needs of both the employer and the teachers. The Commission considered the application of the relevant provisions of the Fair Work Act and the Fair Work Regulations, focusing on whether the agreement provided for minimum rates of pay, penalty rates, leave entitlements, and other essential employment conditions.

In reaching its decision, the Commission found that the agreement complied with the requirements of the Fair Work Act and contained the necessary minimum terms and conditions. The Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the parties and the nature of the employment relationship. As a result, the Commission approved the St Stephen’s Preschool Teachers Enterprise Agreement 2017, allowing it to come into effect as a registered agreement. The union’s application for approval was therefore successful, and the agreement was registered by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established