DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/3239)

GRIFFITH EAST PRE SCHOOL KINDERGARTEN INC TEACHERS COLLECTIVE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 12 JULY 2016

Application for approval of the Griffith East Pre School Kindergarten Inc Teachers Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Griffith East Pre School 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] 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, 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 19 July 2016. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application in the Fair Work Commission for approval of the Griffith East Pre School Kindergarten Inc Teachers Collective Agreement 2016. The application was made pursuant to section 235 of the Fair Work Act 2009. The union argued that the agreement was appropriate for the small size and nature of the pre-school and that it provided a fair and reasonable framework for the employment of teachers within the institution.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including compliance with the good faith bargaining provisions, and whether the agreement was in the best interests of the employees and the employer. The Commission considered the submissions from both parties and examined the terms and conditions of the agreement to ensure they were fair and reasonable. The Commission also assessed whether the agreement provided for a balanced and equitable outcome for both the employees and the employer.

After careful consideration, the Commission approved the agreement, finding that it was appropriate for the pre-school and met the requirements of the Act. The Commission determined that the agreement was in the best interests of both the employees and the employer, providing a fair and reasonable framework for the employment of teachers. The agreement was approved on the basis that it was a bona fide attempt at good faith bargaining and that it did not contain any provisions that were contrary to public policy or contrary to any relevant legislative provisions.

The Fair Work Commission approved the Griffith East Pre School Kindergarten Inc Teachers Collective Agreement 2016, subject to certain conditions and modifications. The Commission ordered that the agreement be registered and that it would have effect from the date of the decision. The Commission also imposed conditions on the agreement to ensure that it remained fair and reasonable for both the employees and the employer. The decision provides guidance for other small pre-schools and early childhood education providers in relation to the development and approval of collective agreements.

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