DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/6982)

MORESBY PARK PRESCHOOL INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2017

Application for approval of the Moresby Park Preschool Incorporated Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Morseby Park Preschool Incorporated Employee Collective 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 Moresby Park Preschool Inc. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, the Independent Education Union of Australia, sought approval for the Moresby Park Preschool Incorporated Employee Collective Agreement 2016. The application was made under section 193 of the Fair Work Act 2009. The respondents were the Moresby Park Preschool Incorporated and the Department of Education. The nature of the dispute centred on whether the agreement met the criteria for approval under the Act, specifically whether it complied with the provisions regarding employee representation and dispute resolution.

The court was required to decide whether the collective agreement was consistent with the statutory requirements and whether it appropriately facilitated fair representation of employees. The main legal issues involved whether the agreement provided for a process to fairly resolve disputes between the employer and employees, and if the agreement was in the best interests of the employees. The court had to consider whether the agreement complied with the Act's requirements for dispute resolution and if it allowed for genuine employee representation.

The court examined the collective agreement in detail, focusing on the provisions for dispute resolution and employee representation. The court found that the agreement provided a process for resolving disputes that was fair and efficient. It also found that the agreement allowed for genuine employee representation through the union. The court concluded that the agreement was consistent with the statutory requirements and was in the best interests of the employees. Therefore, the court approved the collective agreement under section 193 of the Fair Work Act 2009.

The final orders of the court were that the Moresby Park Preschool Incorporated Employee Collective Agreement 2016 be approved as a registered agreement under section 193 of the Fair Work Act 2009. The approval was subject to the terms and conditions set out in the agreement.

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