DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/2319)

SANS SOUCI COMMUNITY PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2016

Application for approval of the Sans Souci Community Preschool Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sans Souci Community Preschool Employee 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 Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 9 March 2016 and, in accordance with s.54, will operate from 16 March 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Sans Souci Community Preschool Employee Collective Agreement 2016 from the Fair Work Commission. The union argued that the agreement contained provisions that were not inconsistent with the Fair Work Act 2009, and that it was appropriate for the agreement to be approved. The employer, Sans Souci Community Preschool, opposed the application, arguing that certain provisions of the agreement were inconsistent with the Act.

The Commission was required to determine whether the provisions of the agreement were inconsistent with the Act, and whether it was appropriate for the agreement to be approved. The Commission found that some provisions of the agreement were inconsistent with the Act, but that the agreement could be approved with modifications to those provisions. The Commission held that the modifications were necessary to ensure that the agreement complied with the Act, and that the modified agreement was appropriate for approval.

The Fair Work Commission approved the Sans Souci Community Preschool Employee Collective Agreement 2016 with modifications to certain provisions. The modifications were made to ensure that the agreement complied with the Fair Work Act 2009, and the Commission found that the modified agreement was appropriate for approval. The employer and the union were required to implement the modified agreement, and the Commission's decision was final and binding on both parties.

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