Independent Education Union of Australia

[2014] FWCA 3979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/6387)

MORESBY PARK PRESCHOOL INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 16 JUNE 2014

Application for approval of the Moresby Park Preschool Incorporated Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Moresby Park Preschool Incorporated 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. As the Agreement does not contain a complying flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] The IEU 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 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of the Independent Education Union of Australia, the applicant sought approval of the Moresby Park Preschool Incorporated Employee Collective Agreement 2014. This was an application under section 234 of the Fair Work Act 2009, brought before the Fair Work Commission in Australia. The Moresby Park Preschool Incorporated, the respondent, contested the application on various grounds, including procedural fairness and the agreement's compliance with the Act.

The primary legal issues before the court involved whether the agreement met the statutory requirements for approval, including whether the agreement was made in good faith and whether it complied with the Fair Work Act. Additionally, the court had to determine whether the proper procedures were followed in the making of the agreement, including whether the respondent had adequately consulted with the union. The court also had to assess whether the agreement was fair and reasonable and did not undermine the public interest.

The Fair Work Commission found that the applicant had not demonstrated that the agreement was made in good faith and that there was a failure to consult adequately with the respondent. The Commission concluded that the application did not meet the statutory criteria for approval and dismissed the application. The Commission found that the procedural flaws were significant and affected the fairness and reasonableness of the agreement. Therefore, the application for approval of the collective agreement was denied.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established