Independent Education Union of Australia

Case [2014] FWCA 5884


[2014] FWCA 5884
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2014/8490)

MEMORIAL PARK COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services

COMMISSIONER BOOTH

BRISBANE, 28 AUGUST 2014

Application for approval of the Memorial Park Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Memorial Park Community Kindergarten Early Childhood Education Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia - Queensland and Northern Territory Branch.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] On 25 August 2014 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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Details
AGLC
Independent Education Union of Australia [2014] FWCA 5884
Case
[2014] FWCA 5884
Decision Date

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval for the Memorial Park Community Kindergarten Early Childhood Education Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The primary dispute revolved around whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement provided fair and reasonable terms for employees and if it complied with the relevant statutory requirements.

The central legal issues before the Commission included assessing whether the agreement provided for a fair and reasonable rate of pay and conditions for employees, and if the agreement included all the mandated minimum terms and conditions set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and did not contain any unlawful or unfair provisions.

The Fair Work Commission found that the proposed agreement provided for fair and reasonable terms and conditions, including rates of pay and other employment conditions, for employees of Memorial Park Community Kindergarten. The Commission confirmed that the agreement complied with the statutory minimum terms and conditions and did not include any unlawful or unfair provisions. Consequently, the Commission approved the Memorial Park Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

The Fair Work Commission approved the application for the Memorial Park Community Kindergarten Early Childhood Education Enterprise Agreement 2014 to be registered. The decision was based on the Commission's determination that the agreement met the statutory requirements and provided fair and reasonable terms and conditions for employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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