DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/777)

DOONSIDE KINDERGARTEN’S EMPLOYEE COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 4 MAY 2017

Application for approval of the Doonside Kindergarten’s Employee Collective Agreement 2017.

[1] On 13 March 2017 the Independent Education Union of Australia (Applicant) made an application for approval of the Doonside Kindergarten’s Employee 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.

[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] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 11 May 2017. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application for the approval of the Doonside Kindergarten’s Employee Collective Agreement 2017. The dispute centred on the terms and conditions of employment for kindergarten staff, and the application was heard in the Fair Work Commission. The primary legal issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and the prevention of unfair dismissals. The Commission needed to determine if the agreement met the requirements for authorisation under section 233 of the Act.

The Fair Work Commission considered the application and examined the contents of the agreement against the statutory criteria. It assessed whether the agreement provided for minimum wages and conditions, and whether it contained any provisions that were contrary to public policy or that undermined the rights of employees. The Commission also evaluated whether the agreement was negotiated in good faith and whether it offered fair and reasonable terms for the employees. After a thorough review, the Commission concluded that the agreement did not meet the statutory requirements for approval, as it contained several provisions that were found to be contrary to public policy and did not sufficiently protect the employees' rights.

The Fair Work Commission rejected the application for approval of the Doonside Kindergarten’s Employee Collective Agreement 2017. The Commission's decision was based on its finding that the agreement contained provisions that were contrary to public policy and did not provide adequate protection for the employees' rights. The Commission issued its decision, and the agreement was not approved for registration.

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