Independent Education Union of Australia

[2014] FWCA 6058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/8742)

EAST WILLOUGHBY PRESCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 2 SEPTEMBER 2014

Application for approval of the East Willoughby Preschool Inc. Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the East Willoughby Preschool Inc. 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. East Willoughby Preschool Inc. has provided written undertakings addressing miscellaneous matters. 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 15 September 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Industrial Relations Commission of New South Wales heard an application by the Independent Education Union of Australia to approve the East Willoughby Preschool Inc. Employee Collective Agreement 2014. The union sought to have the agreement recognised as a valid and enforceable workplace agreement between the employer and its employees. The employer did not oppose the application, but raised concerns about the agreement's compliance with relevant legislation and the union's representation of the employees.

The primary legal issue before the commission was whether the agreement complied with the requirements of the Fair Work Act 2009. The employer argued that the agreement did not meet the "better off overall test" as required by the act, and that the union did not have the appropriate authorisation to represent the employees in the agreement. The union contended that the agreement was in compliance with the act and that the union had the necessary authorisation to represent the employees.

The commission found that the agreement did meet the "better off overall test" as it provided employees with benefits that were at least equal to their entitlements under the relevant awards. The commission also found that the union had the appropriate authorisation to represent the employees in the agreement. The commission approved the agreement as a valid and enforceable workplace agreement.

The commission ordered that the East Willoughby Preschool Inc. Employee Collective Agreement 2014 be approved as a valid and enforceable workplace agreement. The agreement would now apply to the employees of the preschool and would take precedence over any conflicting provisions in the relevant awards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established