Independent Education Union of Australia

[2014] FWCA 684

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/12808)

TREETOPS PRE-SCHOOL INC EMPLOYEE AGREEMENT 2016

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 29 JANUARY 2014

Application for approval of the Treetops Pre-School Inc Employee Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Treetops Pre-School Inc Employee Agreement 2016 (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 5 February 2014. The nominal expiry date of the Agreement is 31 August 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval for the Treetops Pre-School Inc Employee Agreement 2016 under section 235 of the Fair Work Act 2009. The application was made in the Federal Circuit Court of Australia. The respondent, Treetops Pre-School Inc, opposed the application, contending that the agreement did not meet the requirements of the Act.

The primary legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions and whether it was an appropriate agreement under section 235 of the Fair Work Act. The court had to determine if the agreement was genuinely negotiated and if it provided fair and reasonable terms and conditions for the employees of the pre-school. The court also needed to consider if the agreement met the statutory requirements for approval, including the involvement of employee representatives in the negotiation process.

The court examined the evidence provided by both parties and considered the provisions of the agreement. It found that the agreement was genuinely negotiated and contained fair and reasonable terms and conditions. The court was satisfied that the agreement provided for appropriate terms and conditions for the employees of the pre-school and met the requirements for approval under section 235 of the Fair Work Act. The court approved the Treetops Pre-School Inc Employee Agreement 2016.

No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established