DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/1050)

ALBURY PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2016-2019

Children’s services
COMMISSIONER CIRKOVIC	MELBOURNE, 13 APRIL 2017

Application for approval of the Albury Preschool Employee Collective Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Albury Preschool Employee Collective Agreement 2016-2019 (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 13 April 2017 and, in accordance with s.54, will operate from 20 April 2017. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application for approval of the Albury Preschool Employee Collective Agreement 2016-2019, with the Fair Work Commission hearing the matter. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the union argued that the agreement met the statutory requirements for approval, while the employer raised objections regarding certain clauses.

The legal issues the court needed to address included whether the agreement contained all the mandated minimum terms and conditions, whether the agreement was fairly negotiated, and if the agreement met the requirements of good faith bargaining. The court had to carefully scrutinise the agreement to determine if it complied with the statutory framework, particularly in relation to the minimum entitlements that must be included in an approved agreement.

The Fair Work Commission found that the Albury Preschool Employee Collective Agreement 2016-2019 complied with the statutory requirements. The court held that the agreement contained all the mandated minimum terms and conditions, and it was the product of genuine negotiations. The commission further found that the agreement met the requirements of good faith bargaining, as evidenced by the conduct of both parties during the negotiation process. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Albury Preschool Employee Collective Agreement 2016-2019, effective from 1 July 2016 to 30 June 2019. The union's application was granted, and the agreement was registered under the Fair Work Act 2009. The employer's objections were dismissed, and the agreement was deemed to be in accordance with the relevant legislative provisions.

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