Independent Education Union of Australia

[2014] FWCA 4043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/6184)

SOS PRESCHOOL LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 23 JUNE 2014

Application for approval of the SOS Preschool Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SOS Preschool Ltd Employee Collective Agreement 2014 (“the Agreement”). The application has been made by the Independent Education Union of Australia (“the IEU”), as employee organisation bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 relevant to this application for approval has been met. SOS Preschool Limited T/A SOS Preschool has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, I also note, as the Agreement does not contain complying consultation or flexibility terms, the model consultation and flexibility terms are taken to be terms of the Agreement

[3] The IEU concurs with the content of the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date is 31 January 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission seeking approval of the SOS Preschool Ltd Employee Collective Agreement 2014. The SOS Preschool Ltd, an employer in the childcare sector, and the union, representing its employees, had negotiated and entered into a collective agreement governing various employment terms and conditions. The union's application required the Commission's assessment and approval of the agreement to ensure it met the necessary legal standards under the Fair Work Act 2009.

The central legal issues before the Commission involved determining whether the collective agreement complied with the statutory requirements of the Fair Work Act and whether it met the principles of good faith bargaining. Specifically, the Commission had to examine if the agreement contained all the mandatory terms, if the bargaining process was conducted in good faith, and if the terms of the agreement were fair and reasonable. Additionally, the Commission needed to ensure that the agreement did not contravene any provisions of the Act or any relevant regulations.

The Fair Work Commission carefully reviewed the provisions of the collective agreement, assessing its alignment with the mandatory terms stipulated by the Fair Work Act. The Commission confirmed that the agreement included all the required mandatory terms and that the bargaining process between the SOS Preschool Ltd and the union demonstrated good faith. The terms of the agreement were deemed fair and reasonable, and no provisions were found to contravene the Act. Consequently, the Commission approved the application and granted approval of the SOS Preschool Ltd Employee Collective Agreement 2014.

In summary, the Fair Work Commission approved the application by the Independent Education Union of Australia for the collective agreement. The Commission found the agreement to be compliant with the statutory requirements and fair in its terms, thereby upholding the integrity of the bargaining process under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established