DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/10996)

VALLA COMMUNITY PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2014-2017

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 30 MARCH 2015

Application for approval of the Valla Community Preschool Employee Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Valla Community Preschool Employee Collective Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Valla Community Preschool Employee Collective Agreement 2014-2017 from the Fair Work Commission. The application was made under the Fair Work Act 2009, with the Commission's power to approve the agreement as a transitional agreement. The dispute involved the application of the Fair Work (Registered Organisations) Act 2009 to the Union, and whether the agreement met the requirements for approval under the Fair Work Act.

The court was required to determine whether the Independent Education Union of Australia was a registered organisation for the purposes of the Fair Work (Registered Organisations) Act 2009. It also needed to decide whether the Union had the capacity to enter into the agreement and whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to consider whether the agreement provided for a fair and efficient workplace, and whether it complied with the relevant provisions of the Act.

The Fair Work Commission found that the Independent Education Union of Australia was a registered organisation and had the capacity to enter into the agreement. It also found that the agreement met the requirements for approval under the Fair Work Act. The Commission approved the Valla Community Preschool Employee Collective Agreement 2014-2017 as a transitional agreement. The court noted that the agreement provided for a fair and efficient workplace, and that it complied with the relevant provisions of the Act.

The Fair Work Commission approved the Valla Community Preschool Employee Collective Agreement 2014-2017 as a transitional agreement, subject to certain conditions. The agreement was to be registered with the Fair Work Commission, and the Union was required to provide certain information to the Commission. The Union was also required to ensure that the agreement was brought to the attention of all employees covered by it, and that they were given an opportunity to seek advice about the agreement.

Independent Education Union of Australia

DECISION

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