DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/6456)

ENGADINE PRE-SCHOOL KINDERGARTEN INC. TEACHERS COLLECTIVE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2015

Application for approval of the Engadine Pre-School Kindergarten Inc. Teachers Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Engadine Pre-School Kindergarten Inc. Teachers 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 the Independent Education Union of Australia. The agreement is a single-enterprise agreement.

[2] The Independent Education Union of Australia has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2015. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Independent Education Union of Australia to gain approval for the Engadine Pre-School Kindergarten Inc. Teachers Collective Agreement 2015. The application was brought under the Education (General Provisions) Act 2006, and the hearing took place in the Fair Work Commission. The dispute centred around whether the agreement met the statutory requirements for approval and if it was in the best interest of the employees and the institution.

The primary legal issues addressed by the court were whether the collective agreement was consistent with the provisions of the Act and if it contained all the mandatory elements required by the legislation. The court had to determine if the agreement fairly reflected the terms and conditions of employment, including wages and conditions, for teachers at the Engadine Pre-School Kindergarten Inc. Furthermore, the court needed to consider if the agreement adhered to the principles of good faith bargaining and if it provided adequate mechanisms for dispute resolution.

The Fair Work Commission carefully examined the contents of the agreement and found that it did not include all the necessary mandatory terms as required by the Act. Specifically, the agreement lacked provisions for certain entitlements and did not provide adequate safeguards for the teachers' rights. The court noted that while the agreement demonstrated good faith efforts by both parties, it ultimately did not meet the statutory requirements for approval. As a result, the court rejected the application and did not grant approval to the collective agreement. The Commission highlighted the importance of including all mandatory terms in any future submissions to ensure compliance with the legislative framework.

Independent Education Union of Australia

DECISION

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