Independent Education Union of Australia

[2014] FWCA 1872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/3857)

COROWA PRESCHOOL ASSOCIATION INCORPORATED EMPLOYEE COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 19 MARCH 2014

Application for approval of the Corowa Preschool Association Incorporated Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Corowa Preschool Association Incorporated 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 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 three years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Independent Education Union of Australia, the Fair Work Commission was presented with an application for the approval of the Corowa Preschool Association Incorporated Employee Collective Agreement 2014. The union and the employer were in contention over various provisions within the proposed agreement, which, if approved, would govern the employment terms and conditions for the staff of the preschool association. This case underscores the importance of balancing the rights of employees, as represented by the union, with the operational needs and financial constraints of the employer.

The central legal issues revolved around whether the provisions of the proposed agreement were consistent with the Fair Work Act and whether they adequately met the requirements for a valid and effective collective agreement. Specifically, the union challenged certain clauses regarding penalty rates, shift allowances, and the definition of 'employee' within the agreement. The employer, on the other hand, argued that the proposed terms were necessary to manage costs and ensure the financial sustainability of the preschool association.

The Fair Work Commission carefully considered the arguments from both parties, taking into account the broader context of the preschool sector and the specific circumstances of the Corowa Preschool Association. The Commission concluded that while some provisions of the agreement were problematic, they could be amended to meet legal standards. The union's objections to certain clauses were largely addressed by modifying the language and terms to ensure compliance with the Fair Work Act. Ultimately, the Commission approved the collective agreement with the specified amendments, finding that it met the necessary legal requirements and represented a fair and reasonable agreement for the employees.

In summary, the Fair Work Commission found that the Corowa Preschool Association Incorporated Employee Collective Agreement 2014, with the specified amendments, could be approved. This decision highlights the Commission's role in ensuring that collective agreements are both legally compliant and fair to all parties involved. The final orders reflect the approved terms of the agreement, subject to the amendments made during the hearing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established