DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/352)

FAIRFIELD NURSERY SCHOOL ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 13 APRIL 2017

Application for approval of the Fairfield Nursery School Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fairfield Nursery School Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[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 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Independent Education Union of Australia, seeking approval of the Fairfield Nursery School Enterprise Agreement 2016. The dispute was brought before the Fair Work Commission, which had to determine whether the agreement met the necessary legal standards for approval.

The central legal issue was whether the agreement contained all the mandated terms and conditions as required by the Fair Work Act 2009, and whether it complied with the procedural requirements for enterprise agreements. Specifically, the commission had to consider if the agreement was made in good faith and if it was properly certified.

The Fair Work Commission found that the agreement met all statutory requirements and was made in good faith. The commission noted that the agreement contained all the mandated terms and conditions and that the certification process was conducted appropriately. The commission also considered the views of employees and the union, and was satisfied that the agreement reflected a fair and reasonable outcome.

Consequently, the commission approved the Fairfield Nursery School Enterprise Agreement 2016. The union's application for approval was successful, and the agreement was registered under the Fair Work Act 2009.

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