Independent Education Union of Australia

[2014] FWCA 3256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/5908)

COLLAROY PLATEAU COMMUNITY KINDERGARTEN INC EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 20 MAY 2014

Application for approval of the Collaroy Plateau Community Kindergarten Inc Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Collaroy Plateau Community Kindergarten Inc 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 employer has provided a written undertaking addressing a discrete matter. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term 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 undertaking 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 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Independent Education Union of Australia, sought approval of the Collaroy Plateau Community Kindergarten Inc Employee Collective Agreement 2014. The application was heard by the Fair Work Commission, which was required to determine whether the agreement complied with relevant industrial laws and whether it was in the best interests of the employees and the employer.

The primary legal issues before the court involved assessing the agreement against statutory provisions, including compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to determine if the agreement met the requirements for approval, such as addressing minimum entitlements, ensuring that the agreement was not detrimental to the employees, and whether it was genuinely negotiated. The court also examined whether the agreement was in the best interests of both the employees and the employer, considering factors such as fairness, efficiency, and productivity.

The court found that the agreement was in compliance with the relevant industrial laws and met all the statutory requirements for approval. The agreement was deemed to be genuinely negotiated, addressed minimum entitlements, and was not detrimental to the employees. Additionally, the court concluded that the agreement was in the best interests of both the employees and the employer, taking into consideration factors such as fairness, efficiency, and productivity. Therefore, the court approved the Collaroy Plateau Community Kindergarten Inc Employee Collective Agreement 2014.

The final orders of the court included the approval of the Collaroy Plateau Community Kindergarten Inc Employee Collective Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees until the next agreed variation or termination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established