Independent Education Union of Australia Summary

[2016] FWCA 2418

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2016/691)

GAYTHORNE COMMUNITY KINDERGARTEN EARLY CHILDHOOD

EDUCATION ENTERPRISE AGREEMENT 2016

Educational services

COMMISSIONER GREGORY

MELBOURNE, 18 APRIL 2016

Application for approval of the Gaythorne Community Kindergarten Early Childhood

Education Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Gaythorne Community Kindergarten Early Childhood Education Enterprise 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 The 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.
[2016] FWCA 2418

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

25 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2418

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia seeking approval for the Gaythorne Community Kindergarten Early Childhood Education Enterprise Agreement 2016. This application was made under section 185 of the Fair Work Act 2009. The Agreement in question is a single enterprise agreement aimed at governing the relationship between the union, the kindergarten, and its employees.

The primary legal issues the Commission had to decide were whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically sections 186, 187, 188, and 190. Additionally, the Commission needed to confirm that the Agreement would not cause financial detriment to any employees and that it would not result in substantial changes to the terms and conditions of employment. Furthermore, the Agreement's coverage by the union, as required by section 183, was a point of consideration.

The Commission found that the Independent Education Union of Australia had provided written undertakings ensuring that the Agreement would not lead to financial detriment for employees and would not cause substantial changes. Additionally, the union had notified its intention for the Agreement to cover it, as per section 183. Based on these findings, the Commission was satisfied that all relevant statutory requirements had been fulfilled. Consequently, the Agreement was approved and will operate from 25 April 2016, with a nominal expiry date of 31 December 2017.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established