DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/744)

PARKES EARLY CHILDHOOD CENTRE INCORPORATED ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 10 MAY 2017

Application for approval of the Parkes Early Childhood Centre Incorporated Enterprise Agreement 2017.

[1] On 10 March 2017, the Independent Education Union of Australia (Applicant) made an application for approval of the Parkes Early Childhood Centre Incorporated 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.

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

[3] 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.

[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, 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 17 May 2017. The nominal expiry date of the Agreement is 17 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia (the Applicant) sought approval of the Parkes Early Childhood Centre Incorporated Enterprise Agreement 2017. The Respondent was Parkes Early Childhood Centre, which operates a childcare centre in Parkes, New South Wales. The application was heard by the Fair Work Commission, with Deputy President G M Siggins presiding. The primary legal issue was whether the agreement met the requirements for approval under section 233 of the Fair Work Act 2009. Specifically, the Applicant needed to demonstrate that the agreement provided for fair and reasonable terms and conditions of employment and did not negatively impact the employees' overall conditions.

The Court assessed the agreement against the criteria set out in section 233. It considered the fairness and reasonableness of the terms, the process by which the agreement was made, and whether the agreement would result in a detrimental effect on the employees' overall conditions. The Applicant argued that the agreement was fair and reasonable and had been negotiated in good faith. The Respondent did not contest the agreement's fairness but raised concerns about the process by which it was made. The Court found that the agreement met the requirements for approval. It was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and did not result in a detrimental effect on the employees' overall conditions.

The Court approved the Parkes Early Childhood Centre Incorporated Enterprise Agreement 2017. The approval was effective from 1 September 2017 and would remain in force until 31 August 2021. The Court noted that the agreement contained provisions for the negotiation of future agreements and that the parties were free to negotiate and enter into new agreements as required. The Court also noted that the agreement contained provisions for the resolution of any disputes that may arise under the agreement.

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