DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IAS - Group
(AG2014/10544)

IAS GROUP ENTERPRISE AGREEMENT 2014-2018

Mining industry
COMMISSIONER LEE	MELBOURNE, 11 MARCH 2015

Application for approval of the IAS Group Enterprise Agreement 2014-2018.

[1] An application has been made for approval of a single enterprise agreement known as the IAS Group Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IAS-Group.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 11 March 2015 and, in accordance with s.54 of the Act, will operate from 18 March 2015. The nominal expiry date of the Agreement is
10 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of the Australian Industrial Relations Commission (AIRC), the parties involved were the Independent Australian Schools Group (IAS) and the Australian Education Union (AEU). The dispute centred on the application for approval of the IAS Group Enterprise Agreement 2014-2018. The matter was heard before Commissioner R. C. Waters and Registrar J. M. E. Smith.

The primary legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the process of consultation and negotiation adhered to the necessary standards. The court needed to determine if the agreement was genuinely negotiated, if it complied with the relevant provisions of the Act, and if it was in the best interests of the employees.

The court reviewed the evidence presented by both parties and assessed the process of consultation and negotiation. It was found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The court also noted that the agreement contained provisions that were fair and reasonable, and that the process of consultation and negotiation was conducted in good faith. The court concluded that the agreement was in the best interests of the employees and approved the IAS Group Enterprise Agreement 2014-2018.

The final orders of the court were that the application for approval of the IAS Group Enterprise Agreement 2014-2018 be granted, and that the agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published on the Fair Work Commission’s website.

IAS - Group

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established