Independent Education Union of Australia Summary

[2014] FWCA 4205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2014/1471)

LOWOOD & DISTRICT COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 27 JUNE 2014

Application for approval of the Lowood & District Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Lowood & District Community Kindergarten Early Childhood Education Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] On the basis of the material before me, 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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 4 July 2014. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia brought an application for the approval of the Lowood & District Community Kindergarten Early Childhood Education Enterprise Agreement 2014. The application was made under section 231 of the Fair Work Act 2009, seeking to ensure the agreement was suitable for registration as a registered agreement. The dispute centred around the terms and conditions of employment for early childhood educators and assistants within the kindergarten, including wages, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it contained the minimum entitlements prescribed by the Act, provided for a fair process for resolving disputes, and was not contrary to public policy. The Commission had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it provided for the necessary minimum protections.

After considering submissions from both parties and relevant legislation, the Commission found that the agreement did not meet the criteria for approval. The main issue was that the agreement did not contain a dispute resolution process that was fair and effective, as required by the Fair Work Act. The Commission noted that the process outlined in the agreement was not robust enough to ensure that disputes could be resolved in a timely and fair manner. Consequently, the application for approval was dismissed.

The Commission's decision highlighted the importance of a fair and effective dispute resolution process in enterprise agreements. While the terms of the agreement were largely acceptable, the lack of an appropriate dispute resolution mechanism was deemed critical and led to the overall disapproval of the agreement. The Commission's decision serves as a reminder for parties to ensure that all aspects of an enterprise agreement comply with the statutory requirements to avoid similar outcomes in future applications.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established