DECISION

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

Independent Education Union of Australia
(AG2014/10680)

ALBURY PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2013 - 1016

Children's services
VICE PRESIDENT LAWLER	SYDNEY, 12 JANUARY 2015

Application for approval of the Albury Preschool Employee Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Albury Preschool Employee Collective Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by 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 19 January 2015. The nominal expiry date of the Agreement is 1 September 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for the approval of the Albury Preschool Employee Collective Agreement 2013-2016. The application was made pursuant to section 229 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for staff at the Albury Preschool, including wages, hours of work, leave entitlements and other workplace arrangements.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act. This involved assessing whether the agreement met the criteria for being a "modern award" and whether it contained any prohibited content under the Act. The Commission also had to consider whether the agreement would have an adverse effect on employees' wages and conditions.

The Commission found that the agreement generally complied with the Fair Work Act, but contained some provisions that were not permissible under the legislation. For example, certain provisions regarding hours of work and penalty rates were deemed to be outside the scope of what could be contained in a modern award. However, the Commission concluded that the overall effect of the agreement was not to prejudice the wages and conditions of the employees and approved the agreement with modifications to remove the impermissible content. The modifications ensured the agreement met the requirements of the Act and provided a fair and reasonable outcome for both the union and the employer.

The Commission ordered that the Albury Preschool Employee Collective Agreement 2013-2016 be approved with modifications, as set out in the decision. The modifications included removing the impermissible content regarding hours of work and penalty rates, and ensuring that the agreement met all other requirements of the Fair Work Act. The agreement was to be registered by the Registrar of the Fair Work Commission, and the union and employer were directed to take all necessary steps to give effect to 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