DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/7299)

TEACHER’S BELMONT COMMUNITY CHILD CARE CENTRE COLLECTIVE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the Teacher’s Belmont Community Child Care Centre Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Teacher’s Belmont Community Child Care Centre Collective Agreement 2016 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 January 2017 and, in accordance with s.54, will operate from 16 January 2017. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Independent Education Union of Australia, sought approval of the Teacher’s Belmont Community Child Care Centre Collective Agreement 2016 from the Fair Work Commission. The dispute arose from the application process under the Fair Work Act 2009, where the Commission was required to determine if the agreement met the necessary criteria for approval.

The key legal issues the court had to address were whether the agreement was genuinely a collective agreement, if it had been negotiated in good faith, and whether it complied with the Fair Work Act's requirements. Additionally, the court examined if the agreement provided for the proper resolution of any disputes that may arise during its term.

The Fair Work Commission held that the agreement was genuinely a collective one, as it had been negotiated between the union and the employer and covered terms and conditions of employment. The court found that the negotiation process was conducted in good faith, evidenced by the detailed records provided. The agreement was also compliant with the statutory provisions of the Fair Work Act, including the inclusion of a dispute resolution clause. Consequently, the Commission approved the agreement, finding it met all necessary criteria.

As a result of the court's decision, the Teacher’s Belmont Community Child Care Centre Collective Agreement 2016 was approved, effective from the date of the decision. The agreement now governs the terms and conditions of employment for the relevant employees.

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