Independent Education Union of Australia

[2014] FWCA 4326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/6523)

MACQUARIE HILLS COMMUNITY PRE-SCHOOL INC TEACHERS COLLECTIVE AGREEMENT 2014

Children’s services
DEPUTY PRESIDENT SMITH	MELBOURNE, 30 JUNE 2014

Application for approval of the Macquarie Hills Community Pre-School lnc Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Macquarie Hills Community Pre-School lnc Teachers Collective 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 7 July 2014. The nominal expiry date of the Agreement is 1 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Macquarie Hills Community Pre-School Inc Teachers Collective Agreement 2014 in the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including its compliance with the good faith bargaining provisions and whether it adequately addressed the needs and interests of both the employees and the employer. The Commission had to determine if the agreement was made in good faith and if it was fair and reasonable.

The legal issues primarily revolved around whether the bargaining process adhered to the good faith requirements and if the terms of the agreement were fair and reasonable. This included assessing whether the union and the employer had genuinely attempted to reach an agreement and if the final terms were a genuine reflection of the bargaining process. The court also had to consider if the agreement appropriately balanced the interests of both parties, including the employees' entitlements and the employer's operational needs.

The Commission found that the agreement had been made in good faith, with evidence of genuine and meaningful bargaining between the parties. It concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the pre-school and the needs of the teachers. The Commission approved the agreement, finding it to be in compliance with the statutory requirements and suitable for the unique context of the pre-school environment.

The Fair Work Commission approved the Macquarie Hills Community Pre-School Inc Teachers Collective Agreement 2014, deeming it to be compliant with the Fair Work Act 2009 and appropriate for the specific circumstances of the pre-school. The agreement was to be registered and would become effective from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established