DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/2166)

ARNDU ST PAUL’S PRE-SCHOOL ENTERPRISE AGREEMENT 2015

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 27 APRIL 2015

Application for approval of the Arndu St Paul’s Pre-School Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Arndu St Paul’s Pre-School 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 4 May 2015. The nominal expiry date of the Agreement is four years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Independent Education Union of Australia, applied to the Fair Work Commission for approval of the Arndu St Paul’s Pre-School Enterprise Agreement 2015. The respondent, the employer, opposed the application on the basis that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. The matter was heard by the Full Bench of the Commission.

The key legal issues before the Commission were whether the agreement provided for a proper system for resolving enterprise disputes and whether it adequately protected the rights of employees. The employer argued that the agreement did not provide for a proper system for resolving disputes because it did not include a specific procedure for resolving disputes between the employer and employees. The employer also argued that the agreement did not adequately protect the rights of employees because it did not include provisions for redundancy payments and termination pay.

The Commission found that the agreement did provide for a proper system for resolving enterprise disputes because it included a clause that allowed for the referral of disputes to conciliation and arbitration. The Commission also found that the agreement did adequately protect the rights of employees because it provided for the payment of redundancy and termination pay in accordance with the applicable legislation. The Commission approved the agreement and made orders to that effect.

The Fair Work Commission approved the Arndu St Paul’s Pre-School Enterprise Agreement 2015, finding that it provided for a proper system for resolving enterprise disputes and adequately protected the rights of employees. The employer’s application for approval was dismissed, and the agreement was approved as a registered agreement.

Independent Education Union of Australia

DECISION

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Background to the litigation

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Legal Principle Established