Independent Education Union of Australia

[2014] FWCA 6191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/8770)

JACARANDA PRESCHOOL INC. TEACHERS ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 5 SEPTEMBER 2014

Application for approval of the Jacaranda Preschool Inc. Teachers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jacaranda Preschool Inc. Teachers Enterprise 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, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[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 30 April 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Independent Education Union of Australia and Jacaranda Preschool Inc., the Full Bench of the Fair Work Commission heard an application for the approval of the Jacaranda Preschool Inc. Teachers Enterprise Agreement 2014. The dispute centred on whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the appropriate process for consultation with employees and whether the agreement was made in good faith. The union argued that the process did not comply with the requisite standards, while the employer maintained that the agreement was the product of genuine consultation and negotiation.

The legal issues before the court were whether the process of consultation adhered to the provisions of the Fair Work Act, and if the agreement was genuinely negotiated in good faith. The court examined the evidence presented by both parties regarding the consultation process, including the nature and extent of discussions held with the employees, and whether these discussions were adequate to meet the legislative standards. The court also assessed whether the agreement reflected the outcomes of bona fide negotiations between the parties.

After reviewing the evidence, the Full Bench concluded that the process of consultation did not meet the statutory requirements, and therefore, the agreement could not be approved. The court found that the employer had not engaged in adequate consultation with the employees, and thus the agreement did not reflect the outcomes of genuine negotiations. Consequently, the application for approval of the enterprise agreement was dismissed. The Full Bench directed the parties to undertake further consultation processes in accordance with the law and to negotiate anew to ensure compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established