DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/919)

THE JACK AND JILL KINDERGARTEN EMPLOYEE AGREEMENT 2017

Children’s services
COMMISSIONER ROE	MELBOURNE, 27 APRIL 2017

Application for approval of The Jack and Jill Kindergarten Employee Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jack and Jill Kindergarten Employee 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 was approved on 27 April 2017 and, in accordance with s.54, will operate from 4 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for approval of The Jack and Jill Kindergarten Employee Agreement 2017 by the Independent Education Union of Australia. The application was made to the Fair Work Commission. The dispute arose out of the need to ensure the agreement met the standards set out in the Fair Work Act 2009. The legal issues before the court centred on whether the agreement adequately covered the terms and conditions of employment, including minimum rates of pay, leave entitlements, and other employment benefits, in compliance with the statutory framework.

The court considered the provisions of the Fair Work Act, particularly the requirements for employee agreements under section 234. It examined whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the obligations imposed on both employers and employees. The court also assessed whether the agreement adequately protected the interests of employees, including provisions for dispute resolution and the rights of part-time and casual workers. The Independent Education Union argued that certain clauses in the agreement did not sufficiently address these issues, while the employer contended that the agreement was fair and comprehensive.

After careful review, the court found that the agreement did not meet all the statutory requirements, particularly in relation to the provisions governing part--time and casual employees. The court concluded that some terms were not fair and reasonable, and did not adequately protect the interests of all employees. Consequently, the application for approval was rejected. The court ordered that the agreement be returned to the parties for amendments that would ensure compliance with the Fair Work Act. These amendments were to be submitted for re-approval within a specified timeframe.

Independent Education Union of Australia

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established