Independent Education Union of Australia

[2014] FWCA 4714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/6635)

SPRINGDALE HEIGHTS PRE-SCHOOL INC. EMPLOYEE COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 14 JULY 2014

Application for approval of the Springdale Heights Pre-School Inc. Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Springdale Heights Pre-School 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. Springdale Heights 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 30 June 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Independent Education Union of Australia, acting on behalf of its members employed by Springdale Heights Pre-School Inc., seeking approval of the Employee Collective Agreement 2014. The dispute centred on whether the agreement met the necessary legal requirements for approval under the relevant industrial relations laws. The Fair Work Commission was the tribunal tasked with examining the application and determining the legitimacy of the agreement.

The primary legal issues before the Commission were whether the collective agreement was genuinely negotiated between the union and the employer, whether it complied with the Fair Work Act 2009, and if it adhered to the necessary procedural requirements. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees and if it met the statutory criteria for approval.

In evaluating the application, the Commission found that the collective agreement had been genuinely negotiated between the union and the employer, in accordance with the Fair Work Act. The agreement was deemed to provide fair and reasonable terms for the employees and met all the statutory criteria for approval. The Commission concluded that the agreement was not only compliant with the legal requirements but also beneficial to the employees. As a result, the Commission approved the Employee Collective Agreement 2014, paving the way for its implementation within the Springdale Heights Pre-School Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established