Independent Education Union of Australia

[2014] FWCA 4180

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2014/1056)

BORILLA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 JUNE 2014

Application for approval of the Borilla Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Borilla 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 1 July 2014. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Independent Education Union of Australia, sought approval of the Borilla Community Kindergarten Early Childhood Education Enterprise Agreement 2014. The application was heard by the Fair Work Commission (FWC), led by Commissioner McCabe. The union's primary objective was to secure approval for the proposed agreement, which aimed to govern the terms and conditions of employment for early childhood educators within the Borilla Community Kindergarten. The agreement contained various provisions, including those related to wages, working hours, leave entitlements, and other employment-related matters.

The legal issues central to this case revolved around whether the proposed agreement complied with the relevant statutory requirements set forth in the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement met the criteria for "genuine agreement" as mandated by the legislation. This involved assessing whether the agreement was genuinely negotiated between the parties and whether it was free from any improper influence or coercion. Furthermore, the FWC needed to ensure that the agreement provided fair and reasonable terms for both the employees and the employer, aligning with the overarching objectives of the Fair Work Act.

The FWC, after thoroughly examining the evidence and submissions from both the union and the employer, found that the proposed agreement was genuinely negotiated and free from any improper influence or coercion. The commission noted that the agreement contained provisions that were fair and reasonable for the employees, taking into account the nature of the work and the specific circumstances of the early childhood education sector. The FWC also found that the agreement complied with the statutory requirements outlined in the Fair Work Act. Consequently, the FWC approved the Borilla Community Kindergarten Early Childhood Education Enterprise Agreement 2014, affirming its validity and enforceability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established