DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/2201)

THE ENTRANCE PRESCHOOL KINDERGARTEN TEACHERS’ COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 6 JULY 2017

Application for approval of The Entrance Preschool Kindergarten Teachers’ Collective Agreement 2017.

[1] On 13 June 2017 the Independent Education Union of Australia (Applicant) made an application for approval of The Entrance Preschool Kindergarten Teachers’ Collective 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.

[1] The employer 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.

[2] 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.

[3] 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.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 July 2017. The nominal expiry date of the Agreement is 13 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application seeking approval of The Entrance Preschool Kindergarten Teachers’ Collective Agreement 2017. The respondent, The Entrance Preschool Kindergarten, did not oppose the application. The matter was heard in the Fair Work Commission.

The key issue before the Commission was whether the Collective Agreement complied with the Fair Work Act 2009, specifically section 235, which mandates that a registered organisation’s agreement must be in the public interest. The Commission examined the contents of the agreement, its implications for teachers, and its alignment with broader educational standards and public interest considerations.

After reviewing the evidence and submissions, the Commission found that the agreement was fair and reasonable. It ensured fair remuneration and conditions for teachers, and aligned with educational objectives and broader public interest considerations. The Commission approved the agreement, emphasising its balanced approach and its contribution to maintaining high standards in early childhood education.

The Fair Work Commission approved The Entrance Preschool Kindergarten Teachers’ Collective Agreement 2017, highlighting its fairness and reasonableness, and its alignment with public interest standards. The decision underscored the importance of maintaining fair and reasonable terms for educators while ensuring high educational standards.

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