DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/7775)

NORTH RYDE COMMUNITY PRESCHOOL INC. EMPLOYEE’S COLLECTIVE AGREEMENT 2015

Children’s services
COMMISSIONER ROE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the North Ryde Community Preschool Inc. Employee’s Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the North Ryde Community Preschool Inc. Employee’s Collective Agreement 2015 (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] Pursuant to s.205(2) of the Act, the model consultation 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.

[6] The Agreement was approved on 12 February 2016 and, in accordance with s.54, will operate from 19 February 2016. The nominal expiry date of the Agreement is 12 February 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 North Ryde Community Preschool Inc. Employee’s Collective Agreement 2015. The respondent, North Ryde Community Preschool Inc., opposed the application on various grounds. The case was heard in the Fair Work Commission. The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for coverage, the process by which it was made, and whether it provided fair and reasonable terms and conditions of employment.

The Commission examined the process by which the agreement was made, ensuring it complied with procedural fairness. It assessed whether the agreement covered all necessary terms and conditions of employment and if it was fair and reasonable. The Commission found that the agreement was made in good faith and that the process was fair. It also determined that the terms and conditions were fair and reasonable, considering the nature of the work and the bargaining positions of the parties. The Commission approved the agreement, finding that it met all statutory requirements.

The Fair Work Commission approved the North Ryde Community Preschool Inc. Employee’s Collective Agreement 2015. The Commission found that the agreement was made in good faith, followed a fair process, and contained fair and reasonable terms and conditions of employment. The decision underscores the importance of procedural fairness and the substantive fairness of the terms when approving collective agreements under the Fair Work Act. The Commission's approval of the agreement will now govern the employment conditions of the preschool's employees.

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