DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7781)

MULWALA PRESCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2015

Children’s services
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2017

Application for approval of the Mulwala Preschool Inc. Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mulwala Preschool Inc. Employee Collective Agreement 2015 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 March 2017 and, in accordance with s.54, will operate from 22 March 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 applicant, Independent Education Union of Australia, sought approval of the Mulwala Preschool Inc. Employee Collective Agreement 2015. The application was made under the Fair Work Act 2009, with the Fair Work Commission adjudicating on the matter. The preschool, Mulwala Preschool Inc., was a party to the proceedings, as were the employees involved, who were represented by the union.

The central legal issues that the court had to address were whether the agreement met the requirements of the Fair Work Act and if it complied with the relevant provisions of the Act. Specifically, the court needed to determine if the agreement was "certified as a genuine agreement" and if it adhered to the principles of good faith bargaining and procedural fairness.

The court examined the evidence and submissions provided by both parties, assessing whether the union had genuinely negotiated the agreement and if the agreement reflected the terms and conditions of employment. It also considered whether the agreement was in the best interests of the employees and if it complied with the procedural requirements set out in the Act. The court found that the agreement was genuinely negotiated and met the legislative requirements. Consequently, it approved the collective agreement.

The final order of the court was to approve the Mulwala Preschool Inc. Employee Collective Agreement 2015, subject to the terms and conditions outlined in the agreement and the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would have legal effect from the date of 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