DECISION

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

Independent Education Union of Australia
(AG2014/10862)

JESMOND COMMUNITY PRESCHOOL ASSOCIATION INC. TEACHER'S ENTERPRISE AGREEMENT 2014

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 22 JANUARY 2015

Application for approval of the Jesmond Community Preschool Association Inc. Teacher's Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jesmond Community Preschool Association Inc. Teacher's Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 of the Act 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2015. The nominal expiry date of the Agreement is 22 January 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia, acting on behalf of preschool teachers, and the Jesmond Community Preschool Association Inc. The matter was heard in the Fair Work Commission, with the union seeking approval for a proposed Enterprise Agreement with the preschool association. The dispute centred on whether the proposed agreement complied with relevant industrial relations laws and adequately protected the interests of the teachers.

The legal issues before the Commission included whether the agreement was genuinely negotiated, if it contained appropriate provisions for the protection of employees' rights and interests, and whether it complied with the requirements of the Fair Work Act 2009. The Commission also considered if the agreement met the standard industrial requirements and provided adequate protections for the employees in line with the objectives of the Act.

The Fair Work Commission determined that the proposed agreement was genuinely negotiated and contained appropriate provisions for the protection of the employees' rights and interests. The Commission found that the agreement complied with the requirements of the Fair Work Act 2009 and met the standard industrial requirements. Consequently, the Commission approved the proposed Jesmond Community Preschool Association Inc. Teacher's Enterprise Agreement 2014.

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