Independent Education Union of Australia Summary

[2014] FWCA 1714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/3775)

WALLSEND COMMUNITY PRESCHOOL INC TEACHERS COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 12 MARCH 2014

Application for approval of the Wallsend Community Preschool Inc Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wallsend Community Preschool Inc 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. I also note that, notwithstanding the provisions of cl.25.3 of the Agreement, the provisions of the Long Service Leave Act 1955 (NSW) will prevail to the extent the clause may provide any lesser entitlement for employees with at least five years of service.

[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 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Independent Education Union of Australia (the Union) for approval of the Wallsend Community Preschool Inc Teachers Collective Agreement 2014. The dispute arose from negotiations between the Union and the employer, Wallsend Community Preschool Inc, regarding the terms and conditions of employment for preschool teachers. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements for approval and whether the terms of the agreement were consistent with the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the Union had followed the correct process in negotiating and finalising the agreement, and whether the terms of the agreement provided for the fair and equitable treatment of employees while also ensuring that the employer's operational needs were met.

In reaching its decision, the Commission considered the evidence presented by both parties regarding the negotiation process and the content of the agreement. The Commission found that the Union had followed the correct procedures in negotiating the agreement, including providing the employer with the necessary information and allowing for a reasonable period of consultation. The Commission also concluded that the terms of the agreement were consistent with the objectives of the Fair Work Act, providing for fair and reasonable conditions of employment while balancing the interests of both the employees and the employer. As a result, the Commission approved the Wallsend Community Preschool Inc Teachers Collective Agreement 2014.

The Fair Work Commission approved the Wallsend Community Preschool Inc Teachers Collective Agreement 2014, finding that it met the statutory requirements for approval under the Fair Work Act. The Commission determined that the negotiation process was conducted in accordance with the law, and that the terms of the agreement provided for fair and equitable treatment of employees while also accommodating the employer's operational needs.

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