Independent Education Union of Australia Summary

[2014] FWCA 7045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/9158)

HOWLONG PRESCHOOL ASSOCIATION INC. EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 7 OCTOBER 2014

Application for approval of the Howlong Preschool Association Inc. Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Howlong Preschool Association 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. Howlong Preschool Association Inc. has provided written undertakings addressing miscellaneous matters. The views of the individual employee bargaining representative were sought in relation to the undertakings, and she indicated her concurrence. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, replacement pages 17 and 25 have been included due to obvious typographical errors and that page 29 contains no text, due only to formatting error.

[3] The IEU concurs with the undertakings 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 three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Howlong Preschool Association Inc. Employee Collective Agreement 2014 by the Independent Education Union of Australia, which was contested by the employer, Howlong Preschool Association Inc. The application was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issue was whether the terms of the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the good faith bargaining and other legislative standards. The court examined whether the agreement was made in good faith, whether it provided for the efficient and effective operation of the employer's business, and whether it met the criteria for approval as set out in the Act.

The Fair Work Commission considered the evidence and submissions from both parties. It found that the agreement was made in good faith, as the bargaining process was conducted in an appropriate manner and all parties engaged constructively. The Commission determined that the agreement did not adversely affect the efficient and effective operation of the employer’s business and that it met the legislative requirements for approval. The court concluded that the agreement was fair and appropriate, and approved it accordingly.

As a result, the Howlong Preschool Association Inc. Employee Collective Agreement 2014 was approved by the Fair Work Commission, effective from the date of the decision. The employer and the union are now bound by the terms of the agreement, which will govern the employment conditions of the union members for the duration specified in the agreement.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established