Independent Education Union of Australia

[2014] FWCA 6393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/8871)

DUNOON PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Dunoon Preschool Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dunoon Preschool 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. Dunoon Preschool Inc. has provided written undertakings addressing miscellaneous matters. The view of the individual employee bargaining representative was 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.

[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 four years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Independent Education Union of Australia, who sought approval of the Dunoon Preschool Employee Collective Agreement 2014. The dispute centred on the terms and conditions of employment for staff at Dunoon Preschool, with the Union aiming to secure a fair agreement that would benefit its members. The Commission was tasked with assessing the agreement to determine if it met the necessary standards under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the collective agreement contained terms that were consistent with the provisions of the Fair Work Act, particularly in relation to minimum wages, penalty rates, and other employment conditions. The Union argued that the proposed agreement provided adequate protections and benefits for its members, while the employer contended that certain terms were excessive and not in line with industry standards.

In its decision, the Commission examined the terms of the proposed agreement in detail. It found that while most of the provisions were in line with the requirements of the Fair Work Act, some aspects did not comply with the law. Specifically, the Commission identified that certain penalty rates were set at levels higher than those generally accepted in the industry. The Commission determined that these provisions needed to be adjusted to ensure they were fair and reasonable. Ultimately, the Commission approved the agreement with modifications to the penalty rates, ensuring they complied with the legal standards set out in the Act.

The final orders of the Commission mandated that the Dunoon Preschool Employee Collective Agreement 2014 be implemented with the specified changes to the penalty rates. This decision ensured that the agreement met the necessary legal requirements while balancing the interests of both the Union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established