DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia - Queensland and Northern Territory Branch
(AG2019/2196)

CLAYFIELD PRE-PREP BAYVIEW TERRACE EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children’s services
COMMISSIONER LEE	MELBOURNE, 11 JULY 2019

Application for approval of the Clayfield Pre-Prep Bayview Terrace Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Clayfield Pre-Prep Bayview Terrace Early Childhood Education Collective Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia – Queensland and Northern Territory Branch. 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 (IEUA) 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] I note that clause 3.3.2 of the Agreement provides that if an employee does not give appropriate notice, the Employer has the right to withhold a maximum of one week’s pay from the employee. In my view, the clause may provide for deductions which are not permitted deductions within the meaning of s.324 of the Act. Pursuant to s.326 of the Act, the clause will have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia, Queensland and Northern Territory Branch, and the applicant sought approval for the Clayfield Pre-Prep Bayview Terrace Early Childhood Education Collective Enterprise Agreement 2019. The application was heard by the Fair Work Commission. The central issue before the commission was whether the proposed agreement met the legal requirements under the Fair Work Act 2009, specifically regarding the agreement's compliance with the minimum terms and conditions set by the Act, and its overall fairness to both the employees and the employer.

The commission considered various factors, including the minimum entitlements provided by the agreement, the process through which the agreement was negotiated, and whether the agreement was made in good faith. The commission examined the evidence presented regarding the negotiation process and the terms of the agreement. It assessed whether the agreement provided employees with terms and conditions at least as favourable as the relevant minimum standards and whether the agreement was procedurally fair and made in good faith.

After thorough consideration, the commission concluded that the agreement complied with the statutory requirements and was fair and reasonable. The commission found that the agreement provided employees with terms and conditions that were at least equal to the minimum standards and that the negotiation process was conducted appropriately. Therefore, the commission approved the Clayfield Pre-Prep Bayview Terrace Early Childhood Education Collective Enterprise Agreement 2019.

The Fair Work Commission approved the Clayfield Pre-Prep Bayview Terrace Early Childhood Education Collective Enterprise Agreement 2019. The agreement was found to meet all legal requirements and was deemed fair and reasonable for both employees and the employer.

Independent Education Union of Australia - Queensland and Northern Territory Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established