Independent Education Union of Australia

[2014] FWCA 8616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/10027)

ST COLUMBA UNITING CHURCH PRESCHOOL TEACHERS’ COLLECTIVE AGREEMENT 2014-2018

Educational services
COMMISSIONER MCKENNA	SYDNEY, 1 DECEMBER 2014

Application for approval of the St Columba Uniting Church Preschool Teachers’ Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the St Columba Uniting Church Preschool Teachers’ Collective Agreement 2014-2018 (“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 1 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval of a collective agreement between the applicant and St Columba Uniting Church Preschool. The agreement was intended to cover the period 2014 to 2018. The application was heard in the Fair Work Commission. The central legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement satisfied the requirements for an enterprise agreement, including provisions on minimum wages, penalties for unauthorised work, and the definition of an employee.

The Fair Work Commission found that the agreement met the necessary statutory criteria for an enterprise agreement. The Commission confirmed that the agreement appropriately addressed the minimum wage rates, set out penalties for unauthorised work, and correctly defined an employee. The Commission also noted that the agreement included provisions for the payment of overtime and shift loadings, which were consistent with the applicable minimum standards. Given these findings, the Commission approved the collective agreement, determining that it complied with all relevant legal requirements and was therefore valid and enforceable.

Following its approval of the agreement, the Fair Work Commission issued an order approving the St Columba Uniting Church Preschool Teachers’ Collective Agreement 2014-2018. This order confirmed the agreement's validity and enforceability, and it came into effect as of the date of the Commission's decision.

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Legal Principle Established