DECISION

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

Independent Education Union of Australia
(AG2015/1349)

COLLINSVILLE & SCOTTVILLE COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2015

Educational services
COMMISSIONER BOOTH	BRISBANE, 30 JUNE 2015

Application for approval of the Collinsville & Scottville Community Kindergarten Early Childhood Education Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Collinsville & Scottville Community Kindergarten Early Childhood Education Enterprise Agreement 2015 (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 United Voice, 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 7 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia (IEUA) applied to the Fair Work Commission for approval of the Collinsville & Scottville Community Kindergarten Early Childhood Education Enterprise Agreement 2015. The application was opposed by the Collinsville & Scottville Community Kindergarten, which argued that the agreement contained provisions that were not within the scope of its enterprise bargaining authority. The Commission was required to determine whether the agreement was appropriate for registration and whether it contained provisions that were outside the scope of the bargaining authority.

The Commission considered the nature and scope of the enterprise bargaining authority of the parties and examined the provisions of the agreement to determine if they were within the scope of the authority. The Commission found that the agreement contained provisions that were outside the scope of the bargaining authority, specifically provisions relating to the employment of casual employees. However, the Commission also found that the parties had agreed to the provisions and that there was no evidence that the agreement had been entered into under duress or coercion.

The Commission concluded that, despite the inclusion of provisions outside the scope of the bargaining authority, the agreement was appropriate for registration. The Commission approved the agreement and directed that it be registered with the Fair Work Commission. The parties were required to give 10 days' written notice to each other before any changes could be made to the agreement.

The decision of the Fair Work Commission provides guidance on the scope of enterprise bargaining authority and the circumstances in which an agreement may be approved despite containing provisions outside that scope. The decision also highlights the importance of ensuring that agreements are entered into freely and without coercion.

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