Independent Education Union of Australia Summary

[2014] FWCA 6896

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2014/7531)

CAIRNS COMMUNITY KINDERGARTEN INCORPORATED EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 3 OCTOBER 2014

Application for approval of the Cairns Community Kindergarten Incorporated Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Cairns Community Kindergarten Incorporated 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] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 21 August 2014, and date of lodgement was 16 September 2014. The application was therefore 12 days out of time. At question 2.9 of Part 2 of the Form 17–Employer’s declaration in support of an application for approval of an enterprise agreement, Cairns Community Kindergarten Incorporated gave sufficient reason as to why the Fair Work Commission should extend the time for lodgement of the agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[3] On the basis of the material before me, 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.

[4] On 1 October 2014 undertakings were provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 10 October 2014. The nominal expiry date of the Agreement is 6 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Independent Education Union of Australia, acting on behalf of its members employed by the Cairns Community Kindergarten Incorporated, and the employer. The union sought approval for the Early Childhood Education Enterprise Agreement 2014. This agreement was under review by the Fair Work Commission (FWC), which was established under the Fair Work Act 2009. The union's application was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the FWC had correctly exercised its power to approve the agreement under the relevant provisions of the Fair Work Act. The court needed to determine if the FWC had adhered to the statutory requirements and if the agreement was fair and reasonable for the employees. This included assessing if the agreement met the criteria for being a "simple, fair and flexible agreement" and if the FWC had appropriately considered the employees' interests.

The court examined the FWC's decision-making process and its adherence to the legal framework. It considered the evidence and submissions presented by both parties and reviewed the FWC's reasoning. The court found that the FWC had properly exercised its powers and that the agreement met the statutory criteria. The union's application for the approval of the agreement was dismissed as the court upheld the FWC's decision.

The Federal Circuit Court of Australia dismissed the application for the approval of the Early Childhood Education Enterprise Agreement 2014. The court confirmed that the FWC had correctly exercised its powers under the Fair Work Act, and the agreement was deemed fair and reasonable. The decision of the FWC was upheld, and the agreement was approved.

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