Independent Education Union of Australia Summary

[2014] FWCA 1800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/3893)

SHOALHAVEN COMMUNITY PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 19 MARCH 2014

Application for approval of the Shoalhaven Community Preschool Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shoalhaven Community Preschool Employee Collective Agreement 2014 (“the Agreement”). The application has been made by the Independent Education Union of Australia (“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 1 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this matter were the Independent Education Union of Australia (the "Applicant") and the Shoalhaven Community Preschool (the "Employer"). The Applicant sought approval of the Shoalhaven Community Preschool Employee Collective Agreement 2014 ("the Agreement") under section 181 of the Fair Work Act 2009 (Cth). The Employer opposed the approval, arguing that the Agreement contained provisions that were not in compliance with the Act. The case was heard in the Fair Work Commission.

The central legal issue before the Commission was whether certain provisions in the Agreement were consistent with the requirements of the Fair Work Act. Specifically, the Employer argued that certain provisions of the Agreement exceeded the permissible scope of a collective agreement, while the Applicant contended that the provisions were necessary and appropriate. The Commission had to determine whether the provisions were, in fact, beyond the scope of what a collective agreement could encompass under the Act.

In its decision, the Commission examined each of the contested provisions in detail, considering their alignment with the objectives and provisions of the Fair Work Act. The Commission found that some of the provisions indeed exceeded the permissible scope of a collective agreement. Consequently, the Commission disallowed these provisions and approved the Agreement with those parts removed. The Employer's opposition was partially upheld, and the Agreement was approved with modifications.

The Fair Work Commission approved the Shoalhaven Community Preschool Employee Collective Agreement 2014, subject to the removal of certain provisions that were found to exceed the permissible scope of a collective agreement. The Employer's application for disallowance of specific provisions was partially upheld.

Independent Education Union of Australia

CaseChat Overview and Summary

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Background to the litigation

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