Independent Education Union of Australia Summary

[2014] FWCA 6419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/8901)

CONCORD KINDERGARTEN ASSOCIATION INC. TEACHERS COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Concord Kindergarten Association Inc. Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Concord Kindergarten Association Inc. Teachers 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.

[3] The IEU 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

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CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the Concord Kindergarten Association Inc. Teachers Collective Agreement 2014. The dispute arose from negotiations between the Union and the Association over the terms of employment for kindergarten teachers. The Commission was tasked with assessing whether the agreement complied with the relevant industrial legislation and whether it was in the best interests of the employees and employers.

The primary legal issues before the Commission were whether the terms of the agreement were consistent with the Fair Work Act 2009 and whether the agreement met the criteria for approval under the Act. This included ensuring that the agreement did not include any terms that were contrary to public policy or that could potentially undermine the rights of employees. Additionally, the Commission had to determine if the agreement provided fair and reasonable terms for both parties and whether it had been negotiated in good faith.

The Commission carefully examined the terms of the agreement and considered submissions from both the Union and the Association. It found that the agreement contained provisions that were consistent with the objectives of the Act and did not contravene any public policy considerations. The Commission also concluded that the agreement had been negotiated in good faith and provided fair and reasonable terms for both parties. Based on these findings, the Commission approved the agreement, noting that it met the necessary criteria for endorsement.

The Commission's decision was based on a thorough analysis of the agreement's terms and the submissions from both parties. The approval of the agreement ensures that the terms of employment for kindergarten teachers within the Concord Kindergarten Association Inc. are legally sound and fair. This decision provides clarity and certainty for both the Union and the Association moving forward.

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