Independent Education Union of Australia

[2014] FWCA 6708

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2014/7291)

BAYVIEW KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 25 SEPTEMBER 2014

Application for approval of the Bayview Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Bayview 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 23 September 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.

[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 2 October 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 brought an application before the Fair Work Commission for approval of the Bayview Kindergarten Early Childhood Education Enterprise Agreement 2014. The agreement was made between Bayview Kindergarten and the union, which represented the employees. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered by the Commission. Specifically, the union sought to ensure that the agreement covered the appropriate scope of employees, provided for fair terms and conditions, and complied with procedural fairness requirements.

The central legal issues before the Commission were whether the agreement was made in good faith, if it was properly negotiated, and whether it met the standards of procedural fairness. Additionally, the Commission had to determine if the agreement contained all the required minimum terms as stipulated by the Act. The union argued that the agreement did not adequately cover all employees of the kindergarten, and there were concerns about the process through which the agreement was negotiated. The Commission also had to consider the fairness of the terms and conditions set out in the agreement.

In its decision, the Commission found that the agreement was made in good faith and that the negotiation process was procedurally fair. The Commission acknowledged that while there were some minor procedural imperfections, these did not significantly impact the overall fairness of the agreement. The Commission also determined that the agreement contained all the required minimum terms and provided for fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the agreement and ordered its registration. This ensures that the terms and conditions outlined in the agreement are legally enforceable for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established