DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7011)

NORTH BRIGHTON PRE SCHOOL COMMUNITY KINDERGARTEN INCORPORATED ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of the North Brighton Pre School Community Kindergarten Incorporated Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the North Brighton Pre School Community Kindergarten Incorporated 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 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 20 January 2017. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in the Fair Work Commission involved an application for the approval of the North Brighton Pre School Community Kindergarten Incorporated Enterprise Agreement 2016. The applicant, the Independent Education Union of Australia, sought the approval of the enterprise agreement, which had been negotiated between the employer, North Brighton Pre School Community Kindergarten Incorporated, and the union. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement was genuinely negotiated, whether it provided for the efficient, productive, and flexible operation of the employer's business, and whether it complied with the "better off overall test." Additionally, the court examined whether the agreement contained all the terms required by the Fair Work Act and whether it adhered to the relevant minimum industrial standards.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the required terms. It determined that the agreement was efficient, productive, and flexible, and it passed the "better off overall test," meaning that employees were better off under the agreement than they would have been under the relevant award. The Commission was satisfied that the agreement complied with the necessary statutory provisions and met the criteria for approval. Consequently, the Commission approved the North Brighton Pre School Community Kindergarten Incorporated Enterprise Agreement 2016.

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