Independent Education Union of Australia Summary

[2016] FWCA 1099

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2015/7763)
WEST EPPING PRESCHOOL ASSOCIATION EMPLOYEE
COLLECTIVE AGREEMENT 2015
Educational services
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2016

Application for approval of the West Epping Preschool Association Employee Collective

Agreement 2015.

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

West Epping Preschool Association Employee Collective Agreement 2015 (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.

[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.
[2016] FWCA 1099

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

26 February 2016. The nominal expiry date of the Agreement is 18 February 2019.

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 the approval of the West Epping Preschool Association Employee Collective Agreement 2015 (the Agreement). The application was made under section 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement. The Union sought approval for the Agreement to cover its members employed by the West Epping Preschool Association.

The legal issues before the Commission were whether the Agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act, and whether the Union had properly given notice of its intent to be covered by the Agreement. The Union had to demonstrate that the Agreement was made in good faith and that the necessary procedures had been followed.

The Commission found that the Agreement met all the necessary requirements for approval under the Fair Work Act. The Union had properly notified its intent to be covered by the Agreement, and the Agreement itself was found to have been made in good faith. The Commission was satisfied that the Agreement complied with the provisions of the Act and approved it. The Agreement will operate from 26 February 2016 and its nominal expiry date is 18 February 2019.

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