DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/5217)

KENTHURST PRESCHOOL KINDERGARTEN INC. TEACHERS COLLECTIVE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 14 OCTOBER 2016

Application for approval of the Kenthurst Preschool Kindergarten Inc. Teachers Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kenthurst Preschool Kindergarten Inc. Teachers 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] Kenthurst Preschool Kindergarten 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 21 October 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Independent Education Union of Australia, the applicants sought approval of the Kenthurst Preschool Kindergarten Inc. Teachers Collective Agreement 2016. The application was heard in the Fair Work Commission, which is tasked with the responsibility of approving such agreements to ensure they comply with the Fair Work Act 2009. The union argued that the agreement was fair and met the statutory requirements for approval, while the employer raised concerns about specific provisions of the agreement.

The primary legal issues before the Commission were whether the agreement met the criteria set out in the Fair Work Act, including whether it provided for a fair and efficient method of determining rates of pay and other terms and conditions of employment. The Commission had to consider whether the agreement was consistent with the Act and did not include any terms that were contrary to public policy or that undermined the principles of the industrial relations system. Furthermore, the Commission needed to ensure that the agreement contained necessary provisions for the protection of employees and did not contain any terms that would result in employees being paid less than the applicable award or registered agreement.

In reaching its decision, the Commission examined the provisions of the agreement and considered submissions from both the union and the employer. It found that the agreement was consistent with the Fair Work Act and did not contain any terms that were contrary to public policy or undermined the industrial relations system. The Commission was satisfied that the agreement contained the necessary provisions for the protection of employees and did not result in employees being paid less than the applicable award or registered agreement. Consequently, the Commission approved the Kenthurst Preschool Kindergarten Inc. Teachers Collective Agreement 2016, finding it to be a fair and efficient agreement that met the requirements of the Act.

The Commission's decision concluded that the agreement was approved in its entirety, subject to certain modifications to ensure compliance with the Act. The modifications were minor and did not affect the overall fairness or efficiency of the agreement. The Commission's decision provides guidance to other employers and unions in the education sector on the types of provisions that are acceptable in a teachers' collective 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