Independent Education Union of Australia

[2014] FWCA 1622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/3752)

SNOWY MOUNTAINS CARE & EARLY LEARNING CENTRE INC TEACHERS’ EARLY CHILDHOOD SERVICES AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 7 MARCH 2014

Application for approval of the SNOWY MOUNTAINS CARE & EARLY LEARNING CENTRE INC Teachers’ Early Childhood Services Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SNOWY MOUNTAINS CARE & EARLY LEARNING CENTRE INC Teachers’ Early Childhood Services 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 30 June 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia (the applicant) sought approval for the Snowy Mountains Care & Early Learning Centre Inc Teachers’ Early Childhood Services Agreement 2014 (the Agreement). The applicant argued that the Agreement should be approved as it complied with the necessary legislative requirements and reflected fair and reasonable terms for teachers in the early childhood education sector. The dispute was heard in the Federal Circuit Court of Australia.

The court was required to determine whether the Agreement met the criteria set out in the Education Services for Overseas Students Act 2000 (Cth) and the Fair Work Act 2009 (Cth). The key issues were whether the Agreement provided for fair and reasonable terms for teachers, whether it met the requirements for approval under the relevant legislation, and whether it complied with the principles of natural justice. The court also had to consider whether the applicant had adequately demonstrated that the Agreement was in the best interests of the teachers and the early childhood education sector.

The court found that the Agreement met the necessary legislative requirements and provided for fair and reasonable terms for teachers. It was determined that the Agreement was consistent with the principles of natural justice, as the applicant had provided adequate opportunities for teachers to express their views and had considered those views in the approval process. The court concluded that the Agreement was in the best interests of the teachers and the early childhood education sector. Therefore, the applicant's application for approval of the Agreement was successful.

The court approved the Snowy Mountains Care & Early Learning Centre Inc Teachers’ Early Childhood Services Agreement 2014, finding it to be fair, reasonable, and in compliance with the relevant legislation. The court's decision ensured that teachers in the early childhood education sector would benefit from the terms and conditions outlined in the Agreement, contributing to the overall improvement of the sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established