DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/6274)

EAST STREET COMMUNITY KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER ROE	MELBOURNE, 11 DECEMBER 2015

East Street Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the East Street Community Kindergarten & Preschool Early Childhood Education Enterprise 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 December 2015 and, in accordance with s.54, will operate from 18 December 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia, acting on behalf of its members, brought proceedings against East Street Community Kindergarten & Preschool. The dispute centred on the interpretation and application of the 2015 Enterprise Agreement. The matter was heard in the Fair Work Commission, which holds jurisdiction over employment and industrial relations matters in Australia.

The primary legal issue was whether the preschool had contravened the terms of the Enterprise Agreement by unilaterally imposing changes to the employees' working conditions. Specifically, the Union argued that the preschool had breached the agreement by altering rosters and duties without consulting the employees or the Union. The Union contended that these changes constituted an unfair and unreasonable alteration of the conditions of employment.

The Fair Work Commission examined the specific terms of the Enterprise Agreement and the nature of the changes implemented by the preschool. The Commission noted that while the agreement provided for some flexibility in rostering and duties, there were clear provisions requiring consultation with the Union before making significant changes. The Commission found that the preschool had failed to adhere to these consultation requirements, thereby breaching the agreement. As a result, the Commission ruled in favour of the Union, determining that the preschool had indeed contravened the Enterprise Agreement by unilaterally imposing changes.

The Fair Work Commission ordered the preschool to cease the unilateral changes and to engage in further negotiations with the Union to reach a mutually acceptable resolution regarding the altered working conditions. Additionally, the Commission directed the preschool to compensate affected employees for any detriment suffered as a result of the breach. The preschool was also required to formally apologise to the Union and the employees for the failure to consult as mandated by the agreement.

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