Independent Education Union of Australia Summary

[2014] FWCA 5522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/1672)

BILOELA COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER WILSON	MELBOURNE, 14 AUGUST 2014

Application for approval of the Biloela Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Biloela Community Preschool & 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). It has been made by Independent Education Union of Australia (the Applicant).

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

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Independent Education Union of Australia lodged an application for approval of the Biloela Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2014. The union sought to have the agreement, which was made between the employer, Biloela Community Preschool & Kindergarten, and the union, approved under the Fair Work Act 2009. The agreement related to the employment conditions of early childhood educators within the preschool.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for fair and equitable terms and conditions of employment, and whether it was free from any prohibited content. The court needed to determine if the agreement contained any provisions that were contrary to the Act or which failed to meet the statutory requirements.

The court found that the agreement met the legislative criteria for approval. It contained all the required terms and conditions of employment, was free from prohibited content, and was fair and equitable. The court concluded that the agreement was consistent with the principles of the Act and was appropriate for approval. The union's application was therefore successful.

The court approved the Biloela Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2014. The agreement was certified as meeting the requirements of the Fair Work Act and was thus valid and enforceable as a registered agreement. This decision confirmed the union's ability to negotiate and secure fair employment terms for its members within the early childhood education sector.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established