DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/10863)

TOWRI MACS EARLY CHILDHOOD EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 30 MARCH 2015

Application for approval of the Towri MACS Early Childhood Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Towri MACS Early Childhood Employee Collective Agreement 2014 (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 was the applicant in this matter before the Full Bench of the Fair Work Commission. The union sought approval of the Towri MACS Early Childhood Employee Collective Agreement 2014, which had been registered by the Commission. The application was contested by the employer, Towri MACS Early Childhood Services Pty Ltd, who argued that the agreement contained provisions that were contrary to the Fair Work Act 2009. The dispute centred on the interpretation and legality of certain provisions within the agreement, specifically those related to the calculation of penalty rates and the scope of rostered days off.

The legal issues before the Full Bench involved the interpretation of the Fair Work Act and the application of relevant case law to the provisions in question. The Commission had to determine whether the contested provisions in the agreement were consistent with the Act, and whether they could be approved in light of established legal principles. Key considerations included the nature of the employer's business, the specific roles and responsibilities of the employees, and the equitable treatment of employees as per the legislative framework.

The Full Bench examined the evidence and submissions from both parties and considered the broader context of the agreement. It found that certain provisions did not comply with the requirements of the Fair Work Act and, as a result, could not be approved. The Bench concluded that the agreement, as it stood, contained provisions that were not in line with the legislative intent to ensure fair and reasonable terms for employees. Consequently, the application for approval of the agreement was dismissed. The Full Bench made clear orders reflecting its decision, which included the refusal to approve the contested provisions and a directive for the parties to negotiate and submit a revised agreement that complied with the Act.

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