Independent Education Union of Australia

[2014] FWCA 6391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/8874)

GIRRINBAI COMMUNITY PRESCHOOL INC TEACHERS COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Girrinbai Community Preschool Inc Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Girrinbai Community Preschool 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. I note that a replacement page 35 has been included due to obvious typographical errors and that page 28 contains no text, due only to formatting error.

[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 1 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the Girrinbai Community Preschool Inc Teachers Collective Agreement 2014. The dispute centred on whether the terms and conditions outlined in the collective agreement were in compliance with the Fair Work Act 2009. The Girrinbai Community Preschool Inc and its management argued that certain provisions of the agreement were inconsistent with the legal standards governing employment and industrial relations.

The primary legal issue before the Commission was whether the collective agreement contained provisions that were contrary to the principles of the Fair Work Act. Specifically, the respondents challenged the inclusion of terms that appeared to impose additional obligations on the preschool's management and the teachers beyond what was permissible under the Act. The Commission needed to determine if the collective agreement was consistent with the provisions of the Fair Work Act and if it adhered to the standards of procedural fairness and good faith bargaining.

The Commission thoroughly examined the terms of the collective agreement and considered the submissions from both parties. It was found that while the agreement largely complied with the Fair Work Act, certain provisions needed to be modified to align with the legislative requirements. The Commission made specific amendments to the agreement to ensure it met the legal standards and was fair and reasonable. As a result, the Commission approved the collective agreement with the specified modifications, ensuring it adhered to the principles of the Fair Work Act.

The final orders of the Commission required the parties to implement the approved collective agreement, with the modifications noted. The Girrinbai Community Preschool Inc and the Independent Education Union of Australia were directed to notify their members of the approved terms and to ensure compliance with the amended agreement. The decision underscored the importance of adhering to the Fair Work Act in the formulation and approval of collective agreements in the education sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established