DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/1700)

WERRIS CREEK & DISTRICT PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2017

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 15 JUNE 2017

Application for approval of the Werris Creek & District Preschool Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Werris Creek & District Preschool Employee 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 the 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 22 June 2017. The nominal expiry date of the Agreement is 21 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Independent Education Union of Australia lodged an application with the Fair Work Commission seeking approval of the Werris Creek & District Preschool Employee Collective Agreement 2017. The application was brought pursuant to the Fair Work Act 2009. The Commission was required to decide whether the agreement was a validly made certified agreement.

In determining the application, the Commission considered the requirements of the Fair Work Act, including whether the union was a certified bargaining representative, and whether the agreement was made in good faith and without the use of unlawful industrial action. The Commission also considered the terms of the agreement, including the rights and obligations of the parties.

The Commission found that the agreement was a validly made certified agreement. The Commission held that the union was a certified bargaining representative and that the agreement was made in good faith and without the use of unlawful industrial action. The Commission also found that the terms of the agreement were reasonable and met the requirements of the Fair Work Act.

Accordingly, the Commission approved the Werris Creek & District Preschool Employee Collective Agreement 2017 as a certified agreement. The agreement is now registered and binding on the parties.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established