DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7819)

SOS PRESCHOOL LTD EMPLOYEE COLLECTIVE AGREEMENT 2017-2019

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 6 MARCH 2017

Application for approval of the SOS Preschool Limited Employee Collective Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the SOS Preschool Limited Employee Collective Agreement 2017-2019 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval for the SOS Preschool Limited Employee Collective Agreement 2017-2019, which outlined terms and conditions of employment for preschool employees. The dispute was heard in the Fair Work Commission, the primary body responsible for resolving employment disputes in Australia. The Union argued that the agreement should be approved as it met the necessary criteria under the Fair Work Act 2009, ensuring fair and reasonable terms for employees.

The key legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the agreement was genuinely negotiated and not imposed. The Union argued that the agreement was a fair and reasonable reflection of the terms and conditions of employment for the employees of SOS Preschool Limited, and that it had been genuinely negotiated. The Commission had to consider whether the agreement met the criteria for approval, including whether it provided for the minimum terms and conditions, and whether it was genuinely negotiated.

The Commission found that the agreement did meet the criteria for approval. It determined that the agreement provided for the minimum terms and conditions of employment, including minimum wage rates, leave entitlements, and other benefits. The Commission also found that the agreement had been genuinely negotiated between the Union and the employer, and that it was fair and reasonable. As such, the Commission approved the agreement, recognising its importance in providing fair and reasonable terms and conditions of employment for the employees of SOS Preschool Limited.

The Commission's approval of the agreement ensures that the employees of SOS Preschool Limited will receive fair and reasonable terms and conditions of employment, as outlined in the agreement. The decision reinforces the importance of genuine negotiation and the role of the Fair Work Commission in resolving employment disputes and ensuring fair outcomes for both employers and employees.

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