DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/2481)

LISMORE PRESCHOOL INCORPORATED TEACHERS AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 9 AUGUST 2017

Application for approval of the Lismore Preschool Incorporated Teachers Agreement 2017.

[1] On 26 June 2017 Independent Education Union of Australia (Applicant) made an application for approval of the Lismore Preschool Incorporated Teachers 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.

[2] The Agreement was lodged within 14 days after it was made.

[3] Lismore Preschool Incorporated 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.

[4] 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.

[5] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 August 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Independent Education Union of Australia, the respondent sought approval of the Lismore Preschool Incorporated Teachers Agreement 2017 from the Fair Work Commission. The union contended that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was in the best interests of the employees and the employer, and whether it complied with the relevant provisions of the Act.

The legal issues before the Commission involved assessing the agreement's provisions against the requirements of the Fair Work Act 2009. This included examining whether the agreement provided for appropriate terms and conditions of employment, whether it allowed for fair and reasonable dispute resolution mechanisms, and whether it met the overall criteria for approval. The Commission needed to ensure the agreement did not undermine the rights of employees or employers, and that it contributed to a fair and efficient workplace.

The Fair Work Commission determined that the agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, included appropriate dispute resolution mechanisms, and was in the best interests of both the employees and the employer. The Commission noted that the agreement did not undermine the rights of either party and contributed to a fair and efficient workplace. Consequently, the Commission approved the Lismore Preschool Incorporated Teachers Agreement 2017.

The Fair Work Commission approved the Lismore Preschool Incorporated Teachers Agreement 2017, effective from the date of the decision. This approval ensures that the agreement remains in force and can be used as a basis for employment conditions within the specified scope.

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