DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Independent Education Union of Australia
(AG2017/1899)

JAMBOREE COMMUNITY KINDERGARTEN INC. COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	SYDNEY, 7 JUNE 2017

Variation to sub-clauses 10.1.6, 10.1.7 and 10.1.8.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Jamboree Community Kindergarten Inc. Collective Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 7 June 2017.

[6] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia was before the Fair Work Commission in a matter concerning a request for variation of sub-clauses 10.1.6, 10.1.7, and 10.1.8. The dispute revolved around the interpretation and application of these sub-clauses within the context of employment conditions for teachers in independent schools. The Union sought variations to address certain procedural and substantive aspects of the sub-clauses, arguing they were inconsistent with broader educational and employment principles.

The central legal issues before the Commission were the interpretation of the sub-clauses in question and whether any variations proposed by the Union were justifiable. The Union argued that the current sub-clauses did not adequately protect teachers' rights and did not align with modern employment standards. The Commission needed to determine whether the proposed variations would achieve a more equitable and fair outcome for the teachers involved.

The Fair Work Commission considered the submissions from both parties and examined the sub-clauses in detail. It found that certain aspects of the sub-clauses were indeed inconsistent with broader employment principles and that variations were necessary to achieve a fair and equitable outcome. The Commission determined that the proposed changes would better align with current standards and improve the conditions for teachers. Consequently, the Commission approved the variations to the sub-clauses, reflecting a commitment to ensuring fair employment practices in the independent education sector.

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