DECISION

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

Independent Education Union of Australia
(AG2015/2323)

EAST LISMORE COMMUNITY PRESCHOOL INC. TEACHERS COLLECTIVE AGREEMENT 2015

Educational services
VICE PRESIDENT CATANZARITI	BRISBANE, 5 MAY 2015

Application for approval of the East Lismore Community Preschool Inc. Teachers Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the East Lismore Community Preschool 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.

[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 of the Act, will operate from 12 May 2015. The nominal expiry date of the Agreement is three years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia and the East Lismore Community Preschool Inc. The union applied for the approval of the 2015 Teachers Collective Agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Deputy President P. G. Ryan.

The central legal issue was whether the proposed collective agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the court had to determine if the agreement met the formal requirements for registration and if it contained any provisions that contravened the Act or were otherwise unlawful. The court also needed to assess whether the agreement had been made in good faith and if it appropriately addressed the interests of both the employees and the employer.

In reaching its decision, the court examined the provisions of the collective agreement in detail, considering their alignment with the legislative framework. The court found that the agreement met the formal requirements and did not contain any provisions that were inconsistent with the Fair Work Act. Furthermore, the court was satisfied that the agreement had been made in good faith and appropriately balanced the interests of both parties. Consequently, the court approved the collective agreement.

The court's final orders included the approval of the East Lismore Community Preschool Inc. Teachers Collective Agreement 2015, subject to the terms and conditions as outlined in the agreement itself. The decision confirmed the agreement as a legally binding document between the union and the employer, effective from the date of approval.

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