DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2015/3928)

THE GYMEA NURSERY SCHOOL AND KINDERGARTEN COOPERATIVE SOCIETY LTD TEACHERS ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 9 SEPTEMBER 2015

Application for approval of The Gymea Nursery School And Kindergarten Cooperative Society Ltd Teachers Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as The Gymea Nursery School And Kindergarten Cooperative Society Ltd Teachers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 September 2015. 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 case involved the Independent Education Union of Australia and The Gymea Nursery School And Kindergarten Cooperative Society Ltd, with the dispute centred around the approval of the 2014 Teachers Enterprise Agreement. The matter was heard by the Fair Work Commission. The central legal issues revolved around the compliance of the agreement with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the criteria for being a "good faith" bargaining tool, whether it provided fair and reasonable terms, and whether it aligned with the Fair Work (Registered Organisations) Act 2009.

The court examined the bargaining process and the content of the agreement to ascertain if the union and employer engaged in genuine negotiations. It assessed whether the agreement provided fair and reasonable terms to the employees and whether it was consistent with the principles of the Fair Work Act. The court also considered the views and submissions from both parties, as well as the broader context of industrial relations in the education sector. The commission found that the agreement was the product of genuine negotiations and provided fair and reasonable terms for the teachers. It concluded that the agreement complied with the requirements of the Fair Work Act and the Registered Organisations Act.

As a result, the Fair Work Commission approved the 2014 Teachers Enterprise Agreement between the Independent Education Union of Australia and The Gymea Nursery School And Kindergarten Cooperative Society Ltd. This decision affirmed the validity of the agreement and set a precedent for similar agreements in the education sector. The court's ruling provided clarity on the standards for approving enterprise agreements and reinforced the importance of good faith bargaining in industrial relations.

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