Independent Education Union of Australia

[2018] FWCA 2661

The attached document replaces the document previously issued with the above code on 11 May 2018.

The initial document did not contain the name of the Member.

Member Assist

Dated 11 May 2018

[2018] FWCA 2661

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2018/219)

Western Suburbs Kindergarten Early Childhood Education Collective Enterprise Agreement 2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 11 MAY 2018

Application for approval of the Western Suburbs Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Western Suburbs Kindergarten Early Childhood Education Collective Enterprise Agreement 2017 (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. The Agreement is a single enterprise agreement.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2018. 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 Independent Education Union of Australia brought an application before the Fair Work Commission seeking approval of the Western Suburbs Kindergarten Early Childhood Education Collective Enterprise Agreement 2017. The respondents to the application were the Western Suburbs Kindergarten Association and its subsidiary, the Western Suburbs Kindergarten Ltd. The application centred on whether the agreement was appropriately certified and approved under the Fair Work Act 2009.

The legal issues that the court needed to determine included whether the agreement met the criteria for independent dispute resolution, whether it contained the mandated minimum terms and conditions, and whether it complied with the procedural fairness requirements set out in the Fair Work Act. Additionally, the court examined whether the agreement was genuinely negotiated and whether it included the appropriate bargaining representatives.

The court found that the application satisfied the criteria for independent dispute resolution and that the agreement contained the required minimum terms and conditions. The court also determined that the agreement was genuinely negotiated and was properly certified. After reviewing the procedural fairness requirements, the court found that the agreement was compliant with the relevant provisions of the Fair Work Act. Consequently, the court approved the Western Suburbs Kindergarten Early Childhood Education Collective Enterprise Agreement 2017.

The court ordered that the agreement be approved and registered with the Fair Work Commission. The agreement was to be binding on all employees covered by it, as well as the employers involved in the application. This decision confirmed the validity of the agreement and its applicability to the relevant parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established