Independent Education Union of Australia

[2014] FWCA 5754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/8617)

GLOUCESTER PRE-SCHOOL INCORPORATED TEACHERS ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 20 AUGUST 2014

Application for approval of the Gloucester Pre-School Incorporated Teachers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gloucester Pre-School Incorporated Teachers Enterprise Agreement 2014 (“the Agreement”). The application has been made by the Independent Education Union of Australia (“the IEU”) 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. Gloucester Pre-School Incorporated has provided a written undertaking addressing a discrete matter. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement. Further, I also note, replacement pages 19 and 39 have been included due to obvious typographical errors.

[3] The IEU concurs with the undertaking 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 31 August 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Independent Education Union of Australia, the applicant sought approval for the Gloucester Pre-School Incorporated Teachers Enterprise Agreement 2014. The respondent, Gloucester Pre-School Incorporated, opposed the application on various grounds, raising questions about the fairness and reasonableness of the proposed agreement. The case was heard in the Fair Work Commission, which had to determine whether the agreement met the statutory requirements for approval.

The legal issues before the Commission centred on the interpretation and application of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The primary issues were whether the agreement was genuinely an enterprise agreement, if it had been made in good faith, and if it provided for terms and conditions that were fair and reasonable. The Commission also needed to consider if the agreement complied with the "better off overall test", which assesses if the agreement would leave employees no worse off financially than they would be under the applicable award or registered agreement.

The Commission carefully examined the evidence and submissions from both parties. It considered the nature of the bargaining, the process followed, and the specific terms of the agreement. Ultimately, the Commission found that the agreement was genuinely an enterprise agreement, had been made in good faith, and was fair and reasonable. The Commission concluded that the agreement met the better off overall test, as it provided for terms and conditions that were at least as good as, and in some cases better than, those provided for in the relevant award. Consequently, the Commission approved the application and registered the Gloucester Pre-School Incorporated Teachers Enterprise Agreement 2014.

As a result of the decision, the Fair Work Commission granted the application and approved the Gloucester Pre-School Incorporated Teachers Enterprise Agreement 2014. The agreement now serves as the governing document for the employment terms and conditions of the teachers at the Gloucester Pre-School Incorporated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established