DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2015/7490)

CABARITA MORTLAKE KINDERGARTEN INC TEACHERS COLLECTIVE AGREEMENT 2015

Educational services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the Cabarita Mortlake Kindergarten Inc Teachers Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cabarita Mortlake Kindergarten Inc 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. 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 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 15 December 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 Cabarita Mortlake Kindergarten Inc Teachers Collective Agreement 2015. The application was made under section 234 of the Fair Work Act 2009, which allows the Commission to approve a registered agreement if it is satisfied that the agreement meets certain criteria, including that it provides for the fair and equitable resolution of workplace disputes. The application was opposed by Cabarita Mortlake Kindergarten Inc, which argued that the agreement did not meet the requirements of the Act.

The Commission considered whether the agreement met the requirements of the Act, including whether it provided for the fair and equitable resolution of workplace disputes. The Commission found that the agreement did not provide for the fair and equitable resolution of workplace disputes because it did not include a dispute resolution procedure that was fair and efficient. The Commission also found that the agreement did not provide for the fair and equitable resolution of workplace disputes because it did not include a procedure for the resolution of disputes that was consistent with the principles of natural justice.

The Commission refused to approve the agreement because it did not meet the requirements of the Act. The Commission noted that the agreement did not provide for the fair and equitable resolution of workplace disputes, which was a fundamental requirement of the Act. The Commission also noted that the agreement did not provide for a dispute resolution procedure that was fair and efficient, which was also a requirement of the Act.

The Commission's decision was that the application for approval of the Cabarita Mortlake Kindergarten Inc Teachers Collective Agreement 2015 be refused. The Commission noted that the agreement did not meet the requirements of the Act and that it did not provide for the fair and equitable resolution of workplace disputes. The Commission also noted that the agreement did not provide for a dispute resolution procedure that was fair and efficient. The Commission's decision was final and could not be appealed.

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