Independent Education Union of Australia

[2014] FWCA 3093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/5857)

TATHRA CHILDREN’S SERVICES INCORPORATED TEACHERS COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 9 MAY 2014

Application for approval of the Tathra Children’s Services Incorporated Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tathra Children’s Services Incorporated Teachers 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 consultation term, the model consultation 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 three years thereafter.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Independent Education Union of Australia applied for approval of the Tathra Children’s Services Incorporated Teachers Collective Agreement 2014. The application was opposed by Tathra Children’s Services Incorporated, the employer. The dispute centred on whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. The issues for determination included whether the agreement provided for the terms and conditions of employment of the teachers in a manner that was fair and appropriate, and whether it complied with the procedural fairness requirements of the Act.

The Commission considered the arguments presented by both parties, examining the provisions of the agreement and the legislative framework. It assessed the fairness of the terms and conditions outlined in the agreement, including matters such as wages, hours of work, leave provisions, and dispute resolution mechanisms. The Commission also evaluated whether the agreement was the product of genuine bargaining and whether it complied with the procedural fairness requirements, such as adequate notice and opportunity to be heard. After thorough analysis, the Commission concluded that the agreement met the statutory requirements and was fair and appropriate. It found that the agreement provided for the terms and conditions of employment in a manner that was just and equitable, and that the procedural fairness requirements were satisfied.

Accordingly, the Fair Work Commission approved the Tathra Children’s Services Incorporated Teachers Collective Agreement 2014. The decision highlighted the importance of ensuring that collective agreements are fair, appropriately negotiated, and compliant with legislative requirements. The approval of the agreement provided certainty and stability to the employment relationship between the union 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