Independent Education Union of Australia

[2014] FWCA 4933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/6773)

CONCORD WEST RHODES PRE SCHOOL INC TEACHERS COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 24 JULY 2014

Application for approval of the Concord West Rhodes Pre School Inc Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Concord West Rhodes Pre School Inc Teachers 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. Concord West Rhodes Pre School 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 three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Independent Education Union of Australia sought approval for the Concord West Rhodes Pre School Inc Teachers Collective Agreement 2014. This agreement aimed to govern the terms and conditions of employment for teachers within the preschool. The application was made pursuant to the Fair Work Act 2009, which requires the Commission to assess whether the agreement meets certain criteria, including the provision of a safety net for employees, efficient and productive workplace relations, and the preservation of the right to free collective bargaining.

The primary legal issue before the Commission was whether the agreement complied with the requirements set forth in the Fair Work Act. Specifically, the Commission had to determine if the agreement provided a safety net of minimum entitlements, allowed for efficient and productive workplace relations, and did not undermine the right to free collective bargaining. The Commission also needed to consider whether the agreement was appropriately certified by the Australian Education Union, which had been nominated by the parties to certify the agreement.

Upon review, the Commission found that the Concord West Rhodes Pre School Inc Teachers Collective Agreement 2014 did indeed satisfy the necessary legal standards. The agreement was deemed to provide a safety net of minimum entitlements that met or exceeded the National Employment Standards. It also facilitated efficient and productive workplace relations by setting out clear terms regarding hours of work, leave entitlements, and other employment conditions. Furthermore, the agreement preserved the right to free collective bargaining and did not contain any provisions that would unduly restrict this right. Given these findings, the Commission approved the application for the agreement's registration.

As a result of the approval, the Concord West Rhodes Pre School Inc Teachers Collective Agreement 2014 is now a legally binding document governing the employment conditions of teachers at the preschool. This decision reinforces the importance of ensuring that collective agreements meet statutory requirements to maintain fair and efficient workplace relations while upholding the principles of collective bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established