Independent Education Union of Australia

[2014] FWCA 8626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/9942)

WINGHAM AND DISTRICT PRE SCHOOL KINDERGARTEN INC TEACHERS COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 1 DECEMBER 2014

Application for approval of the Wingham and District Pre School Kindergarten Inc Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wingham and District Pre School Kindergarten Inc Teachers Collective Agreement 2014 (“the Agreement”). The application has been made by the Independent Education Union of Australia (“the IEU”), as employee organisation bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met.

[3] The IEU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Wingham and District Pre School Kindergarten Inc Teachers Collective Agreement 2014. The Wingham and District Pre School Kindergarten Inc is an employer and the Independent Education Union of Australia is a registered union with bargaining rights in respect of the employees of the kindergarten. The dispute arose when the union and the employer could not reach an agreement on the terms of employment for the kindergarten teachers. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of section 234 of the Act. This section stipulates that a registered union with bargaining rights may apply to the Commission for approval of an agreement if the agreement has been made in good faith and without coercion. The Commission had to consider whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and whether it complied with the procedural requirements for approval.

The Commission found that the agreement was made in good faith and without coercion. It contained all the required minimum terms and conditions, including provisions for wages, hours of work, and other employment conditions. The agreement also complied with the procedural requirements for approval, including the requirement for the union to notify the employer of its intention to apply for approval and for the employer to be given an opportunity to be heard. The Commission was satisfied that the agreement met all the criteria for approval under the Act.

The Commission approved the Wingham and District Pre School Kindergarten Inc Teachers Collective Agreement 2014, effective from 1 April 2014. The agreement will apply to all teachers employed by the kindergarten and will remain in force until 31 March 2018, or until a new agreement is approved by the Commission. The approval of the agreement ensures that the teachers have a fair and equitable set of employment conditions, and provides certainty and stability for both the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established