DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/2821)

ROWES BAY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 26 APRIL 2016

Application for approval of the Rowes Bay Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rowes Bay Preschool & Kindergarten Early Childhood Education 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 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 3 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia (the Applicant) applied to the Fair Work Commission (the Commission) for approval of the Rowes Bay Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2016 (the Agreement). The Agreement was proposed between the Applicant and Rowes Bay Preschool & Kindergarten (the Employer). The dispute centred on whether the Agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issue before the Commission was whether the Agreement complied with the procedural and substantive requirements for enterprise agreements. The Commission had to consider whether the Agreement was made in good faith and if it contained terms that complied with the national system of industrial relations. This included ensuring that the Agreement did not unfairly disadvantage employees and that it was negotiated in accordance with the provisions of the Act.

In determining that the Agreement met the criteria for approval, the Commission examined the evidence provided by both parties. The Applicant demonstrated that the Agreement was the result of good faith bargaining and that it had been negotiated with a genuine intention to reach an agreement. The Commission found that the Agreement contained terms that were consistent with the national system of industrial relations and did not unfairly disadvantage employees. The Commission was satisfied that the Agreement complied with the procedural and substantive requirements for approval.

The Commission approved the Agreement, finding that it met all the necessary criteria. The Applicant's application for approval of the Rowes Bay Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2016 was therefore successful.

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