Independent Education Union of Australia

[2014] FWCA 3392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/5912)

DRUMMOYNE PRE-SCHOOL KINDERGARTEN EMPLOYEE COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 21 MAY 2014

Application for approval of the Drummoyne Pre-School Kindergarten Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Drummoyne Pre-School Kindergarten 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. The applicant 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 a complying consultation term, the model consultation term is taken to be a term 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 December 2016.

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 Drummoyne Pre-School Kindergarten Employee Collective Agreement 2014. The dispute centred around the appropriate terms and conditions of employment for the pre-school's employees and the validity of the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary legal standards and was in the best interest of the employees and the employer.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it complied with the provisions of the Fair Work Act 2009. Furthermore, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions for the employees, and if it was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission also needed to consider if the agreement addressed the specific needs of the pre-school's employees and if it was an appropriate means of regulating employment conditions.

The Commission carefully examined the agreement and the evidence presented by both parties. It found that the agreement was made in good faith and was in compliance with the relevant legislation. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees and was consistent with the applicable statutes. The Commission approved the Drummoyne Pre-School Kindergarten Employee Collective Agreement 2014, acknowledging its suitability for regulating the employment conditions of the pre-school's staff.

The Fair Work Commission approved the Drummoyne Pre-School Kindergarten Employee Collective Agreement 2014, finding it to be a fair and reasonable means of regulating the employment conditions of the pre-school's employees. The Commission's decision was based on the evidence presented and the conclusion that the agreement met the necessary legal standards and was in the best interest of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established