DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/2874)

BEXLEY JACK AND JILL PRESCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	DARWIN, 17 JUNE 2015

Application for approval of the Bexley Jack and Jill Preschool Inc. Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bexley Jack and Jill Preschool Inc. Employee 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] 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 24 June 2015. The nominal expiry date of the Agreement is three years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia, as the applicant, sought approval of the Bexley Jack and Jill Preschool Inc. Employee Collective Agreement 2015 from the Fair Work Commission. The Bexley Jack and Jill Preschool Inc. and the employer association, the Independent Education Union of Australia, were the respondents. The primary issue before the court was whether the collective agreement complied with the relevant legislative and regulatory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the standards for good faith bargaining, the inclusion of minimum terms and conditions, and whether it adhered to the provisions concerning employee representation and dispute resolution mechanisms.

The court examined the procedural fairness of the bargaining process and the substantive content of the agreement. It considered whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and if it was fair and reasonable. The court also assessed the representation of employees during the bargaining process and whether the dispute resolution mechanisms provided in the agreement were adequate. The court paid particular attention to the provisions concerning pay rates, hours of work, leave entitlements, and other employment conditions. The court found that the agreement was made in good faith and contained all the required minimum terms and conditions. The court concluded that the agreement was fair and reasonable, and it approved the collective agreement.

The Fair Work Commission approved the Bexley Jack and Jill Preschool Inc. Employee Collective Agreement 2015. The approval was subject to certain conditions, including the requirement that any changes to the agreement must again be approved by the Commission. The court ordered that the agreement be registered and that the respondents comply with its terms. The decision was binding on the parties and had the effect of establishing the terms and conditions of employment for the preschool's employees under the approved 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