DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/5050)

COOMA NORTH PRESCHOOL ASSOCIATION INC. TEACHERS AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Cooma North Preschool Association Inc. Teachers Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cooma North Preschool Association Inc. Teachers 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] Cooma North Pre School Association Inc. 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 21 October 2016. The nominal expiry date of the Agreement is 13 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Cooma North Preschool Association Inc. Teachers Agreement 2016 from the Fair Work Commission. The dispute centred on the terms and conditions of employment for teachers within the preschool association, particularly concerning pay rates, conditions of employment, and dispute resolution mechanisms. The Fair Work Commission was tasked with assessing whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided fair and reasonable terms for the teachers and whether it complied with the criteria for approval as stipulated in the Fair Work Act. Specifically, the court had to consider if the agreement met the 'better-off-overall test', ensuring that the teachers were not worse off in terms of their financial or other conditions of employment. Additionally, the court examined whether the agreement contained appropriate dispute resolution mechanisms and adhered to the procedural fairness principles.

In reaching its decision, the Fair Work Commission carefully evaluated the proposed agreement against the statutory requirements. It found that the agreement met the better-off-overall test and provided fair and reasonable terms for the teachers. The commission also concluded that the agreement included adequate dispute resolution mechanisms and complied with procedural fairness. Consequently, the commission approved the Cooma North Preschool Association Inc. Teachers Agreement 2016, deeming it to be a suitable framework for the employment of teachers within the preschool association.

The Fair Work Commission's final orders included the approval of the Cooma North Preschool Association Inc. Teachers Agreement 2016, effective from the date of the decision. This approval meant that the agreement could be implemented, providing the teachers with the agreed terms and conditions of employment.

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