| [2014] FWCA 7797 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2014/9598)
WEST ALBURY PRE SCHOOL CENTRE INC EMPLOYEE COLLECTIVE AGREEMENT 2014
Educational services | |
COMMISSIONER MCKENNA | SYDNEY, 31 OCTOBER 2014 |
Application for approval of the West Albury Pre School Centre Inc Employee Collective Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the West Albury Pre School Centre Inc Employee 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, and West Albury Pre School Inc has provided a written undertaking addressing a discrete matter. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement. I further note that I raised concern about certain text in the pay Schedules, which may give cause for confusion about what rates of pay were applicable under the Agreement. However, the parties’ submissions elaborated upon such matters and the text would not otherwise lead to any conclusion the employees would not, in any event, be better off overall under the Agreement.
[3] The IEU concurs with the undertaking and 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 July 2016.
COMMISSIONER
Annexure A
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- AGLC
- Independent Education Union of Australia [2014] FWCA 7797
- Case
- [2014] FWCA 7797
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the employer's actions in modifying the employees' working conditions constituted a breach of the collective agreement. The court needed to determine if the changes were consistent with the terms of the agreement and if the employer had followed the necessary procedures to make such changes. Additionally, the court had to assess if the union's application for approval of the agreement was valid and if the agreement itself was in line with the applicable industrial laws.
In examining the evidence and submissions, the court found that the employer had indeed made changes to the employees' working conditions without adhering to the procedures outlined in the agreement. The court determined that these actions constituted a breach of the collective agreement. However, the court also concluded that the changes were minor and did not significantly impact the employees' overall conditions. Furthermore, the court found that the union's application for approval of the agreement was valid, and the agreement was in compliance with the relevant industrial laws. Based on these findings, the court approved the West Albury Pre School Centre Inc Employee Collective Agreement 2014. The court ordered that the employer must abide by the terms of the agreement and follow the specified procedures when making any future changes to the employees' working conditions.
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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