Independent Education Union of Australia Summary

[2014] FWCA 4743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/6694)

ROSS CIRCUIT PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 24 JULY 2014

Application for approval of the Ross Circuit Preschool Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ross Circuit Preschool 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. Ross Circuit Preschool Centre 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 one year thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval of the Ross Circuit Preschool Employee Collective Agreement 2014. The respondent, the Ross Circuit Preschool, did not oppose the application but requested the Court consider certain matters. The application was heard in the Fair Work Commission. The legal issues before the Court were whether the agreement complied with the Fair Work Act 2009, particularly in relation to the terms and conditions it contained. The Court examined whether the agreement provided for reasonable minimum terms and conditions of employment, and whether it was consistent with the broader objectives of the Fair Work Act, including fairness and flexibility.

The Court found that the agreement generally complied with the Act. It noted that the agreement contained terms that were consistent with the minimum standards prescribed by the Act and did not contain any provisions that were inconsistent with the broader objectives of the Act. The Court did, however, make some minor amendments to the agreement to ensure that it was consistent with the Act. These amendments included modifying certain provisions relating to the calculation of penalty rates and leave entitlements.

The Court approved the agreement, subject to the minor amendments made. The Court noted that the agreement provided for reasonable minimum terms and conditions of employment, and that it was consistent with the broader objectives of the Act. The Court also noted that the respondent had not opposed the application and had not raised any significant concerns about the agreement. The Court considered that the agreement was fair and reasonable, and that it would provide for improved working conditions for employees in the preschool sector.

The Court made an order approving the Ross Circuit Preschool Employee Collective Agreement 2014, subject to the minor amendments made by the Court. The order also included provisions for the agreement to be registered with the Fair Work Commission and for it to be brought into effect on a specified date. The Court noted that the agreement would provide for improved working conditions for employees in the preschool sector, and that it was consistent with the broader objectives of the Fair Work Act.

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