Independent Education Union of Australia

[2014] FWCA 8174

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2014/7917)

BULIMBA PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 19 NOVEMBER 2014

Application for approval of the Bulimba Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Bulimba Preschool & 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] 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] On 11 November 2014 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Employer’s undertaking. A copy of the undertaking 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 of the Act, will operate from 26 November 2014. 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 Independent Education Union of Australia sought approval for the Bulimba Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2014. The application was made before the Fair Work Commission, which was required to assess the agreement's compliance with relevant legislative standards. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, including provisions related to minimum wages, penalty rates, and other employment conditions.

The key legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009 to the proposed agreement. The Commission needed to determine if the agreement provided for minimum rates of pay and conditions that were no less favourable than those prescribed by the relevant awards. Additionally, the Commission had to consider whether the agreement complied with procedural requirements, including the provision of certain information to employees and the opportunity for employees to be represented by a union.

The Commission found that the agreement met the statutory requirements. It provided for minimum wages and conditions that were at least as favourable as those prescribed by the relevant awards. The Commission also concluded that the agreement had been appropriately negotiated and contained necessary information for employees. Consequently, the Fair Work Commission approved the Bulimba Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established