DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2016/2524)

CRAWFORD EDUCATION PTY LTD-- TEACHERS ENTERPRISE AGREEMENT 2016-2017

Educational services
COMMISSIONER ROE	MELBOURNE, 14 APRIL 2016

Application for approval of the Crawford Education Pty Ltd-- Teachers Enterprise Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Crawford Education Pty Ltd-- Teachers Enterprise Agreement 2016-2017 (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.

[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 14 April 2016 and, in accordance with s.54, will operate from 21 April 2016. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Crawford Education Pty Ltd - Teachers Enterprise Agreement 2016-2017. The applicant union sought to have the agreement approved under section 236 of the Fair Work Act 2009. The dispute involved whether the agreement met the requirements of the Act, including the good faith bargaining provisions and the process for approval of enterprise agreements. The matter was heard by the Fair Work Commission.

The key legal issues before the Commission were whether the agreement was an enterprise agreement within the meaning of the Act, and whether it complied with the requirements of the Act, including the good faith bargaining provisions. The Commission had to determine whether the agreement was made in good faith, and whether it contained the minimum terms and conditions required by the Act. The Commission also had to consider whether the agreement was procedurally valid and whether it met the public interest test.

The Fair Work Commission found that the agreement was an enterprise agreement within the meaning of the Act and that it complied with the requirements of the Act, including the good faith bargaining provisions. The Commission found that the agreement was made in good faith and contained the minimum terms and conditions required by the Act. The Commission also found that the agreement was procedurally valid and met the public interest test. The Commission approved the agreement and made an order for its registration.

The Fair Work Commission approved the Crawford Education Pty Ltd - Teachers Enterprise Agreement 2016-2017 and made an order for its registration. The agreement will now be registered and will apply to the employees of Crawford Education Pty Ltd who are covered by the agreement. The agreement will provide the terms and conditions of employment for those employees for the period of the agreement.

Independent Education Union of Australia

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established