Independent Education Union of Australia

[2014] FWCA 4402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/6530)

BERMAGUI PRE-SCHOOL CO-OPERATIVE SOCIETY LTD TEACHERS COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER DEEGAN	CANBERRA, 2 JULY 2014

Application for approval of the Bermagui Pre-School Co-operative Society LTD Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bermagui Pre-School Co-operative Society LTD Teachers Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia. 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 Independent Education Union of Australia, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2014. The nominal expiry date of the Agreement is 9 July 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Independent Education Union of Australia to have the Bermagui Pre-School Co-operative Society LTD Teachers Collective Agreement 2014 approved by the Fair Work Commission. The Bermagui Pre-School Co-operative Society LTD is an employer of early childhood educators and had entered into a collective agreement with the union. The union sought to have the agreement registered to ensure it would have legal standing and enforceability.

The legal issues before the court were primarily concerned with whether the agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "registered agreement" and whether it complied with the provisions of the Act, including the "better off overall test." This test requires that the agreement must provide employees with a better overall package of terms and conditions than they would have under the relevant award or the general industrial law.

The court examined the agreement in detail, considering various factors such as the nature of the agreement, the bargaining process, and the terms and conditions it contained. The court also took into account submissions from both the union and the employer regarding the fairness and appropriateness of the agreement. After thorough analysis, the court concluded that the agreement met the necessary statutory requirements and passed the better off overall test. The agreement was thus deemed to be a valid and enforceable collective agreement.

The final orders of the court were that the Bermagui Pre-School Co-operative Society LTD Teachers Collective Agreement 2014 be approved and registered under the Fair Work Act 2009. This decision provided legal certainty to the terms and conditions of employment within the pre-school, ensuring that the agreement could be effectively enforced and that the rights of both the employees and the employer were protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established