Independent Education Union of Australia

[2014] FWCA 1050

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/12137)

GORDONVALE COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 13 FEBRUARY 2014

Application for approval of the Gordonvale Community Kindergarten Early Childhood Education Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Gordonvale Community Kindergarten 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] 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.

[3] On 11 February 2014 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Gordonvale Community Kindergarten Early Childhood Education Enterprise Agreement 2014. The Gordonvale Community Kindergarten is a not-for-profit early childhood education provider, and the Union represents the employees of the Kindergarten. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the agreement provided fair and reasonable terms and conditions for the employees, as required by the Act. This involved an examination of the agreement's provisions regarding wages, hours of work, leave entitlements, and other employment conditions. Additionally, the court needed to determine if the agreement had been made in good faith, and if it complied with the procedural requirements for enterprise agreements.

The court found that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the nature of the early childhood education sector and the specific circumstances of the Kindergarten. The court was satisfied that the agreement had been made in good faith, as it had been negotiated between the Union and the Kindergarten management, and had undergone a consultation process with the employees. Furthermore, the court determined that the agreement complied with the procedural requirements for enterprise agreements, including the provision of a copy of the agreement to the Fair Work Ombudsman and the publication of the agreement on the Fair Work website.

The court approved the Gordonvale Community Kindergarten Early Childhood Education Enterprise Agreement 2014, recognising it as a valid and binding agreement between the Independent Education Union of Australia and the Gordonvale Community Kindergarten. The agreement was set to take effect from the date of the court's decision and would govern the terms and conditions of employment for the Kindergarten's employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established