DECISION

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

Independent Education Union of Australia
(AG2014/10336)

C&K BANYO KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 15 JANUARY 2015

Application for approval of the C&K Banyo Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the C&K Banyo Kindergarten Early Childhood Education 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] An undertaking was provided by the employer at the time of lodging the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 22 January 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 case involves the Independent Education Union of Australia as the applicant and the Australian Education Union as the respondent. The matter pertains to the approval of the C&K Banyo Kindergarten Early Childhood Education Enterprise Agreement 2014. This agreement was brought before the Fair Work Commission by the applicant for approval and registration under the Fair Work Act 2009. The respondent opposed the approval of the agreement, contending that it did not meet the requirements of the Act.

The central legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the process of its formation and the terms it contained. The respondent argued that the agreement did not fairly represent the interests of the employees and was not formed in accordance with the procedures stipulated in the Act. The applicant, on the other hand, contended that the agreement was fair and had been formed through proper consultation and negotiation processes.

The Fair Work Commission, after considering the evidence and arguments presented by both parties, found that the agreement did not adequately reflect the interests of the employees. The Commission determined that the process through which the agreement was formed did not comply with the statutory requirements, particularly in relation to the involvement and representation of the employees. Consequently, the Commission did not grant approval for the agreement. The applicant's application was dismissed, and the agreement was not registered under 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