DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7604)

DRUMMOYNE PRE-SCHOOL EMPLOYEE COLLECTIVE ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Drummoyne Pre-School Employee Collective Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Drummoyne Pre-School Employee Collective 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 17 February 2017 and, in accordance with s.54, will operate from 24 February 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Drummoyne Pre-School Employee Collective Enterprise Agreement 2016. The application was opposed by the employer, Drummoyne Pre-School. The dispute centred on the provisions within the agreement concerning penalty rates and the classification of employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interest of the employees.

The Commission examined the arguments presented by both parties, considering the legal framework provided by the Fair Work Act and relevant case law. It assessed the classification of employees to ensure they were correctly identified as either higher-paid or lower-paid staff, which would determine their eligibility for the applicable penalty rates. The Commission also scrutinised the proposed penalty rates to ensure they complied with the legal standards and were fair and reasonable. In its decision, the Commission found that the classification of employees and the penalty rates in the agreement were compliant with the law and were in the best interests of the employees.

Following this analysis, the Commission approved the Drummoyne Pre-School Employee Collective Enterprise Agreement 2016, determining that it met all legal requirements and was fair and reasonable. The employer was directed to implement the agreement, which would now govern the employment conditions of the pre-school's staff. The decision underscored the importance of ensuring that enterprise agreements are carefully crafted to meet the needs of both employers and employees while adhering to statutory requirements.

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