Independent Education Union of Australia

[2014] FWCA 2655

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2014/661)

INGHAM COMMUNITY KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 APRIL 2014

Application for approval of the Ingham Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Ingham Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014 (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] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 24 March 2014.

[3] 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.

[4] 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.

[5] 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.

[6] 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 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia and the Ingham Community Kindergarten & Preschool. The dispute centred around the application for approval of the Ingham Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014. The Union sought to ensure the agreement was fair and met the statutory requirements under the Fair Work Act 2009. The Commission was tasked with assessing the application to determine if the agreement complied with the provisions of the Act.

The legal issues addressed by the Commission included whether the agreement provided for fair terms and conditions of employment, including minimum rates of pay, and if it included appropriate processes for resolving workplace disputes. The Commission also had to consider if the agreement met the requirements for good faith bargaining and if it was certified as a single, indivisible agreement. Another issue was whether the agreement appropriately covered the bargaining unit and was consistent with the provisions of the National Employment Standards.

The Fair Work Commission, after carefully reviewing the application and the evidence presented, found that the Ingham Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014 met all the necessary requirements. The Commission determined that the agreement provided for fair terms and conditions, including minimum rates of pay, and included appropriate processes for resolving workplace disputes. The agreement was also found to have been the result of good faith bargaining and was certified as a single, indivisible agreement. It was determined that the agreement appropriately covered the bargaining unit and was consistent with the provisions of the National Employment Standards.

The Commission approved the application for the Ingham Community Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2014, deeming it to be a lawful and fair agreement that met all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established