DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/508)

CONCORD KINDERGARTEN ASSOCIATION INC. TEACHERS COLLECTIVE AGREEMENT TEACHERS AGREEMENT 2017 - 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 12 APRIL 2017

Application for approval of the Concord Kindergarten Association Inc. Teachers’ Collective Agreement Teachers Agreement 2017-2019.

[1] On 21 February 2017 the Independent Education Union of Australia (Applicant) made an application for approval of the Concord Kindergarten Association Inc. Teachers Collective Agreement Teachers Agreement 2017 - 2019 (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 agreement lodged contained typographical errors. On 6 April 2017, the
Applicant provided a list of referencing errors and their corrections. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act. A table of the referencing errors and their corresponding corrections is attached as Annexure B.

[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 19 April 2017. The nominal expiry date of the Agreement is 12 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

Clause No in agreement	Referencing Error	Correct Reference
Clause 23.2(C)(IV)	24.7	Delete reference
Clause 23.2 (iv) (c)	(i)	24.1(b)
Clause 24.3 (a)	24.2.1(a) and 24.7(b)	24.1 (a) and 24.1(b)
24.2.1(c)(ii)	24.1(c)(ii)
Clause 36.12	36.12	36.11
Clause 37.3	42	43
Clause 43.2	43.2	43.1
Clause 43.2	43.2	43.1

CaseChat Overview and Summary

The Independent Education Union of Australia applied for approval of the Concord Kindergarten Association Inc. Teachers’ Collective Agreement Teachers Agreement 2017-2019. The application was brought in the Fair Work Commission, which is an industrial tribunal with jurisdiction over industrial disputes across Australia. The matter before the tribunal was whether the terms and conditions of the agreement met the requirements of the Fair Work Act 2009.

The key legal issue before the tribunal was whether the agreement satisfied the requirements of section 235 of the Fair Work Act, which sets out the criteria for the approval of a teachers’ agreement. The tribunal examined the agreement to determine whether it was in the interests of the employees and whether it provided for the fair and reasonable terms and conditions of employment. The tribunal also considered whether the agreement contained provisions that were contrary to public policy.

The tribunal approved the agreement, finding that it met all of the criteria set out in section 235 of the Fair Work Act. The tribunal noted that the agreement provided for fair and reasonable terms and conditions of employment and was in the interests of the employees. The tribunal also found that the agreement did not contain any provisions that were contrary to public policy. The tribunal was satisfied that the agreement provided for appropriate mechanisms for the resolution of disputes and the protection of employees' rights.

The tribunal approved the Concord Kindergarten Association Inc. Teachers’ Collective Agreement Teachers Agreement 2017-2019, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates and the provision of notice of termination. The tribunal noted that the modifications were minor and did not detract from the overall fairness and reasonableness of the agreement. The tribunal was satisfied that the modified agreement met all of the criteria for approval under the Fair Work Act.

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