DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/4967)

MANLY VALE COMMUNITY KINDERGARTEN INC EMPLOYEE COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER LEE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the Manly Vale Community Kindergarten Inc Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Manly Vale Community Kindergarten Inc Employee 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] 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application seeking approval of the Manly Vale Community Kindergarten Inc Employee Collective Agreement 2016. The respondents, Manly Vale Community Kindergarten Inc, opposed the application. The dispute arose under the Education (Employee Agreements) Act 2013 (NSW), which governs the approval of employee collective agreements in the independent education sector. The Federal Circuit and Family Court of Australia was tasked with reviewing the application and determining whether the agreement met the legislative requirements.

The primary legal issues before the court were whether the collective agreement complied with the statutory framework and whether it adhered to the principles of good faith bargaining. The court had to scrutinise the terms of the agreement to ensure they did not contravene any provisions of the Act and to verify that the bargaining process was conducted in good faith. Additionally, the court examined whether the agreement included all mandatory terms as stipulated by the legislation.

The court determined that the collective agreement substantially complied with the statutory requirements. The agreement contained all necessary terms and conditions, including those relating to wages, hours of work, and other employment-related matters. The court found that the bargaining process was conducted in good faith and that the agreement reflected the terms agreed upon by the parties. Consequently, the court approved the collective agreement, finding that it met the legislative standards and did not contravene any provisions of the Act.

In approving the Manly Vale Community Kindergarten Inc Employee Collective Agreement 2016, the court issued an order granting the application. The agreement was deemed to be in compliance with the Education (Employee Agreements) Act 2013 (NSW) and was approved as a valid collective agreement between the Independent Education Union of Australia and Manly Vale Community Kindergarten Inc.

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