DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/4955)

THURGOONA PRESCHOOL EMPLOYEE ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER LEE	HOBART, 16 SEPTEMBER 2016

Application for approval of the Thurgoona Preschool Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Thurgoona Preschool Employee 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 23 September 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval of the Thurgoona Preschool Employee Enterprise Agreement 2016. The application was before the Fair Work Commission. The respondents to the application included the Thurgoona Preschool and the Thurgoona Preschool Teachers Association. The dispute centred on the terms and conditions of employment for the preschool's employees, as outlined in the proposed agreement.

The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the 'better off overall test', which mandates that employees should not be worse off financially under the new agreement compared to their existing conditions. The court had to assess if the agreement provided for a fair and reasonable package of terms and conditions, taking into account both the financial and non-financial benefits to the employees.

In reaching its decision, the Fair Work Commission examined the submissions and evidence presented by both the applicant and the respondents. The Commission found that the proposed agreement was fair and reasonable, as it provided for a balanced set of terms and conditions that were not detrimental to the employees. The agreement was deemed to meet the better off overall test, as it did not disadvantage the employees financially and provided for adequate non-financial benefits. Consequently, the Commission approved the Thurgoona Preschool Employee 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