Independent Education Union of Australia Summary

[2016] FWCA 1846

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2016/2289)

ST PETERS COMMUNITY PRESCHOOL INC ENTERPRISE

AGREEMENT 2016

Children’s services

COMMISSIONER ROE

SYDNEY, 24 MARCH 2016

Application for approval of the St Peters Community Preschool Inc Enterprise Agreement

2016.

[1] An application has been made for approval of an enterprise agreement known as the St

Peters Community Preschool Inc 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.

[5] 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.
[2016] FWCA 1846

[6] The Agreement was approved on 24 March 2016 and, in accordance with s.54, will

operate from 31 March 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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Price code J, AE418342 PR578294

[2016] FWCA 1846

Annexure A

CaseChat Overview and Summary

In the matter of the application by the Independent Education Union of Australia for approval of the St Peters Community Preschool Inc Enterprise Agreement 2016, the Federal Circuit Court considered the submission of the agreement for approval under section 185 of the Fair Work Act 2009. The agreement in question pertains to the children’s services sector and was submitted by the Independent Education Union of Australia. The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically sections 186, 187, 188, and 190, and whether the written undertakings provided by the union would result in financial detriment to the employees or substantial changes to the agreement.

The court found that the application met the criteria for approval as stipulated in the relevant sections of the Act. The union had provided written undertakings that satisfied the court that no financial detriment would be caused to the employees and that there would be no substantial changes to the agreement. The court also noted that the model flexibility term prescribed by the Fair Work Regulations 2009 was incorporated into the agreement. Furthermore, the union had notified under section 183 of the Act its intention for the agreement to cover its members, and the agreement was confirmed to cover the organisation in accordance with section 201(2) of the Act. Based on these findings, the court approved the agreement, which will operate from 31 March 2016 until 31 March 2019.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established