Independent Education Union of Australia

[2014] FWCA 963

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/12138)

SARINA & DISTRICT COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 7 FEBRUARY 2014

Application for approval of the Sarina & District Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sarina & District Community Kindergarten Early Childhood Education Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2014. The nominal expiry date of the Agreement is 31 December 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia and the Sarina & District Community Kindergarten, with the matter concerning the approval of the Sarina & District Community Kindergarten Early Childhood Education Enterprise Agreement 2013. The Union sought approval of the agreement under section 230 of the Fair Work Act 2009, arguing that the agreement met the criteria for registration as a registered agreement. The Kindergarten opposed the application on various grounds, including that the agreement did not meet the good faith bargaining requirement and contained provisions that contravened the Act.

The primary legal issues before the Commission were whether the agreement was the product of genuine bargaining, whether it contained any unfair provisions, and whether it met the other statutory criteria for registration. The Union argued that the bargaining process was genuine and that the agreement was fair and reasonable. The Kindergarten contended that the Union had failed to bargain in good faith and that the agreement contained provisions that were not fair.

The Commission found that the Union had engaged in genuine bargaining and that the agreement was fair and reasonable. The Commission noted that the Union had made significant concessions during the bargaining process and that the agreement contained provisions that were consistent with industry norms. The Commission rejected the Kindergarten's argument that the Union had failed to bargain in good faith, finding that there was no evidence to support this claim. The Commission also found that the agreement did not contain any unfair provisions and met the other statutory criteria for registration.

As a result, the Commission approved the Sarina & District Community Kindergarten Early Childhood Education Enterprise Agreement 2013 as a registered agreement. The Kindergarten was ordered to implement the agreement and comply with its terms. The Union was also ordered to provide a copy of the agreement to the Fair Work Ombudsman for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established