Independent Education Union of Australia Summary

[2014] FWCA 2665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2014/503)

KUMBIA KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 APRIL 2014

Application for approval of the Kumbia Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Kumbia Kindergarten Early Childhood Education Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 May 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) concerned an application for approval of the Kumbia Kindergarten Early Childhood Education Enterprise Agreement 2013, between the Independent Education Union of Australia (IEUA) and Kumbia Kindergarten. The IEUA sought approval for the agreement, which had been negotiated and concluded, and sought an order that the agreement be registered and approved in accordance with section 231 of the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement met the requirements for registration under section 231 of the Fair Work Act and whether the process of negotiation and conclusion of the agreement complied with the requirements of the Act. The FWC considered whether the agreement contained the necessary provisions for employee representation, consultation and information sharing, and whether the negotiation process was genuine and in good faith.

The FWC found that the agreement met the requirements for registration and was in accordance with the Act. The FWC was satisfied that the agreement contained the necessary provisions for employee representation, consultation, and information sharing. The FWC also found that the negotiation process was genuine and in good faith. The FWC noted that the agreement provided for a comprehensive dispute resolution process and that the parties had made a genuine effort to reach agreement. The FWC approved the agreement and made an order for its registration under section 231 of the Fair Work Act.

The FWC made an order approving the Kumbia Kindergarten Early Childhood Education Enterprise Agreement 2013 and registering it under section 231 of the Fair Work Act. The order was made on the basis that the agreement met the requirements of the Act and that the negotiation process was genuine and in good faith. The agreement was registered and became a registered agreement under the Fair Work Act.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established