Independent Education Union of Australia

[2016] FWCA 903

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2015/7754)

WEST BATHURST PRESCHOOL AND EARLYSTART KELSO

PRESCHOOL AND FAMILY CENTRE TEACHERS COLLECTIVE

AGREEMENT 2015

Educational services

COMMISSIONER LEE

MELBOURNE, 11 FEBRUARY 2016

Application for approval of the West Bathurst Preschool and EarlyStart Kelso Preschool and

Family Centre Teachers Collective Agreement 2015.

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

West Bathurst Preschool and EarlyStart Kelso Preschool and Family Centre Teachers

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 the 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 903

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

18 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia made an application to the Fair Work Commission for the approval of the West Bathurst Preschool and EarlyStart Kelso Preschool and Family Centre Teachers Collective Agreement 2015. This agreement was made under the Fair Work Act 2009. The application was made by the union as a bargaining representative for the agreement. The central issue for the court was to determine whether the agreement met all the necessary requirements for approval under the Act.

The court considered the provisions of sections 186, 187, and 188 of the Act to assess the agreement. These sections relate to the requirements for an enterprise agreement to be approved by the Fair Work Commission. The court also examined the notification given by the Independent Education Union of Australia under section 183 of the Act, indicating that the union wanted the agreement to cover it. Additionally, the court noted that the agreement covered the organisation in accordance with section 201(2) of the Act.

The court was satisfied that all relevant requirements under the Act had been met. Therefore, the West Bathurst Preschool and EarlyStart Kelso Preschool and Family Centre Teachers Collective Agreement 2015 was approved by the Fair Work Commission. The agreement was set to operate from 18 February 2016, with a nominal expiry date of 30 June 2018, as per section 54 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established