DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2015/3015)

BRAIDWOOD PRESCHOOL ASSOCIATION INCORPORATED TEACHERS ENTERPRISE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	MELBOURNE, 4 AUGUST 2015

Application for approval of the Braidwood Preschool Association Incorporated Teachers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Braidwood Preschool Association Incorporated Teachers 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 11 August 2015. The nominal expiry date of the Agreement is three years from the date of operation or until terminated or replaced.

VICE PRESIDENT

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CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, applied to the Fair Work Commission for the approval of the Braidwood Preschool Association Incorporated Teachers Enterprise Agreement 2015. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that were unfair and did not meet the 'better off overall test' (BOOT), which requires that employees be no worse off financially and, where possible, better off overall, as a result of the agreement.

The legal issues before the commission were whether the agreement contained any unfair provisions and whether it complied with the BOOT. The commission had to assess whether the terms and conditions of the agreement were fair and balanced, taking into account the overall benefits and detriments to the employees. The commission also needed to determine if any provisions were outside the scope of the agreement's purpose, which is to regulate the terms and conditions of employment.

The commission found that the agreement did not contain any unfair provisions and that it complied with the BOOT. The commission held that the agreement was fair and reasonable, and that it provided for a balanced outcome for both the employer and the employees. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not contain any provisions that were outside the scope of its purpose. The commission approved the agreement, stating that it met the requirements of the Fair Work Act.

The commission's final order was that the Braidwood Preschool Association Incorporated Teachers Enterprise Agreement 2015 be approved under section 231 of the Fair Work Act 2009. The agreement was deemed to have effect from 1 July 2015 and was to remain in force until 30 June 2019. The commission's decision was that the agreement was fair and reasonable, and that it provided for a balanced outcome for both the employer and the 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