Australian Federation of Employers and Industries

[2013] FWCA 2805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Federation of Employers and Industries
(AG2013/1037)

INTEGRICARE TEACHERS EARLY CHILDHOOD SERVICES AGREEMENT 2013

Educational services
COMMISSIONER ROBERTS	SYDNEY, 8 MAY 2013

Application for approval of the Integricare Teachers Early Childhood Services Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Integricare Teachers Early Childhood Services Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Federation of Employers and Industries. 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 is relevant to this application for approval has been met.

[3] The Independent Education Union of Australia NSW/ACT, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2013. The nominal expiry date of the Agreement is 14 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Federation of Employers and Industries filed an application seeking approval of the Integricare Teachers Early Childhood Services Agreement 2013. The dispute centred around whether the agreement was fair and reasonable under the relevant industrial legislation. The matter was heard in the Fair Work Commission, a specialist tribunal dealing with employment-related issues.

The legal issues for the court to resolve included whether the agreement met the criteria for approval under the Fair Work Act 2009, such as whether it provided for appropriate wages and conditions, and whether it had been negotiated in good faith. The court had to determine if the agreement appropriately balanced the interests of both employers and employees, and whether it complied with the standards set by the Fair Work Act.

The Fair Work Commission examined the agreement's provisions, including wages, hours of work, and other conditions. The Commission found that the agreement was fair and reasonable, as it provided for adequate wages and conditions that were in line with industry standards. It was also established that the agreement had been negotiated in good faith and appropriately balanced the interests of both parties. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Integricare Teachers Early Childhood Services Agreement 2013, finding it to be fair and reasonable under the Fair Work Act 2009. This decision provided certainty to both employers and employees within the early childhood education and care sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established