DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/6650)

GULGONG PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Gulgong Preschool Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gulgong Preschool 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 the 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 30 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia lodged an application for the approval of the Gulgong Preschool Employee Collective Agreement 2016. This application was made in accordance with section 234 of the Fair Work Act 2009, seeking to have the agreement registered and enforceable against the preschool and its employees. The agreement, which was entered into between the union and the preschool, aimed to regulate the terms and conditions of employment for the preschool's staff.

The legal issues before the Commission were primarily focused on whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement was made in good faith and whether it complied with the provisions of the Act, including provisions related to minimum entitlements, dispute resolution, and procedural fairness. The Commission also needed to assess whether the agreement appropriately reflected the interests of both the union and the preschool, ensuring that it did not unfairly disadvantage either party.

The Commission concluded that the Gulgong Preschool Employee Collective Agreement 2016 was valid and should be approved. The reasoning was based on a thorough examination of the agreement's provisions, which demonstrated that it was made in good faith and complied with all relevant statutory requirements. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum entitlements, dispute resolution, and procedural fairness. The Commission found that the agreement appropriately balanced the interests of both the union and the preschool, thereby satisfying the statutory criteria for approval. The final orders of the Commission were that the Gulgong Preschool Employee Collective Agreement 2016 be approved and registered under the Fair Work Act.

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