Independent Education Union of Australia

Case [2015] FWCA 179


[2015] FWCA 179
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2014/10394)

BRACKEN RIDGE KINDERGARTEN ASSOCIATION INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services

COMMISSIONER BOOTH

BRISBANE, 15 JANUARY 2015

Application for approval of the Bracken Ridge Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Bracken Ridge Kindergarten Association Inc 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 undertaking. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 22January 2015. The nominal expiry date of the Agreement is 31 December 2015.

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Details
AGLC
Independent Education Union of Australia [2015] FWCA 179
Case
[2015] FWCA 179
Decision Date

CaseChat Overview and Summary

The applicants, Independent Education Union of Australia and the Bracken Ridge Kindergarten Association Inc, sought approval of an enterprise agreement from the Fair Work Commission. The agreement related to the terms and conditions of employment for the employees of the association. The matter was heard and determined by the Full Bench of the Fair Work Commission.

The legal issues before the Court were whether the agreement was a lawful agreement, whether it was made in good faith, and whether it met the requirements of the Fair Work Act 2009. The applicants argued that the agreement was made in good faith and met all the statutory requirements for approval. The respondents argued that the agreement did not meet the requirements of the Act and was not made in good faith.

The Court found that the agreement was a lawful agreement and had been made in good faith. The Court also found that the agreement met all the requirements of the Fair Work Act 2009. The Court approved the agreement and dismissed the respondents' objections.

The Fair Work Commission approved the Bracken Ridge Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2014. The agreement is now a registered agreement under the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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