Independent Education Union of Australia

[2014] FWCA 4627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/6581)

NORTH EPPING KINDERGARTEN EMPLOYEE ENTERPRISE AGREEMENT 2014

Children’s services
DEPUTY PRESIDENT SMITH	MELBOURNE, 10 JULY 2014

Application for approval of the North Epping Kindergarten Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the North Epping Kindergarten Employee Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia (IEU). 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 as are relevant to this application for approval have been met.

[3] The IEU, being a 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia and sought approval for the North Epping Kindergarten Employee Enterprise Agreement 2014. The union, representing the employees, applied for the agreement's endorsement, which would formalise the terms and conditions of employment for kindergarten staff. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it complied with the "better off overall test" and if it was made in good faith.

The key legal issues the Commission had to address included whether the agreement provided employees with conditions no less favourable than their previous conditions or the applicable award, and if the agreement was genuinely negotiated and not the result of any form of coercion or undue influence. Additionally, the Commission needed to ensure that the agreement met the formal requirements, such as being in writing and containing all the necessary details as stipulated by the Act.

In its decision, the Fair Work Commission found that the North Epping Kindergarten Employee Enterprise Agreement 2014 satisfied the statutory criteria. The agreement was deemed to be free from any procedural unfairness and met the better off overall test. The Commission noted that the agreement provided employees with conditions that were at least as favourable as those they would have under the relevant award or their previous conditions. The Commission was also satisfied that the agreement was made in good faith and adhered to the formal requirements of the Act. Consequently, the Commission approved the agreement, confirming its validity and enforceability.

As a result of the Commission's approval, the North Epping Kindergarten Employee Enterprise Agreement 2014 was formally endorsed and could be implemented as the governing document for the terms and conditions of employment for the kindergarten staff. This decision provided clarity and legal certainty for both the employer and the employees, ensuring that the agreement would operate effectively within the regulatory framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established