Independent Education Union of Australia Summary

[2014] FWCA 6849

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2014/7469)

CANNON HILL KINDERGARTEN AND COMMUNITY PRE SCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 2 OCTOBER 2014

Application for approval of the Cannon Hill Kindergarten and Community Pre School Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Cannon Hill Kindergarten and Community Pre School 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 the Independent Education Union of Australia.

[2] 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.

[3] 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.

[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, will operate from 9 October 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia (the Applicant) applied to the Fair Work Commission (the Commission) for approval of the Cannon Hill Kindergarten and Community Pre School Early Childhood Education Enterprise Agreement 2014. The Applicant is a registered organisation and the sole bargaining representative of the employees of the Cannon Hill Kindergarten and Community Pre School (the Employer). The dispute was heard by Commissioner White. The legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. The Applicant needed to demonstrate that the agreement had been made in good faith and that the necessary procedural fairness had been observed. The Commission found that the agreement met the requirements of the Act and was therefore approved.

Commissioner White considered the procedural fairness and good faith requirements of the Act. The Commissioner noted that the agreement was the result of genuine negotiations between the parties. The Commissioner found that there was no evidence of procedural unfairness, and that the agreement was made in good faith. The Commissioner also noted that the agreement contained a dispute resolution procedure, which was a positive factor in the assessment of good faith. The Commissioner concluded that the agreement was appropriately approved, as it complied with the requirements of the Act and was the product of genuine negotiations between the parties. The Commission approved 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