DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/1114)

RAVENSHOE KINDERGARTEN & PLAYGROUP INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER JOHNS	SYDNEY, 9 MAY 2017

Application for approval of the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2016.

[1] On 23 March 2017, the Independent Education Union of Australia (Applicant) made an application for approval of the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2016 (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 Applicant 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 May 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia, as the applicant, seeking approval for the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement contained all mandatory terms, complied with procedural fairness, and did not contain any terms that were unfair.

The Commission examined the provisions of the agreement to ensure it included all necessary mandatory terms, such as minimum wages, penalty rates, and other employment conditions. It also assessed whether the agreement had been negotiated in good faith and whether the process for approving the agreement followed the correct procedures. Furthermore, the Commission considered if any terms of the agreement were unfair, which would render the entire agreement void. The Union argued that the agreement was fair and complied with all legal requirements, while the employer contested certain terms of the agreement.

The Fair Work Commission concluded that the agreement did not meet the statutory requirements for approval. The Commission found that certain mandatory terms were not included in the agreement, and the process for approving the agreement did not comply with the procedural fairness requirements. Additionally, the Commission found that some terms of the agreement were unfair. As a result, the Commission did not approve the agreement. The Union was given an opportunity to address the issues and resubmit the agreement for approval.

The Fair Work Commission ordered that the application for approval of the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2016 be dismissed. The Commission directed the Union to address the identified issues and resubmit the agreement for approval once the necessary amendments had been made. The Union was given a specific timeframe within which to resubmit the agreement to ensure compliance with the statutory requirements.

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