Independent Education Union of Australia

[2014] FWCA 385

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10281)

RIVERMOUNT EDUCATION LIMITED COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 17 JANUARY 2014

Application for approval of the Rivermount Education Limited Collective Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Rivermount Education Limited Collective 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] On the basis of the material before me, 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] 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, will operate from 24 January 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application in the Fair Work Commission for approval of the Rivermount Education Limited Collective Agreement 2014. The dispute arose from the negotiation process between the union and the employer, with the union seeking to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement had been made in good faith, whether it contained only permissible provisions, and whether it complied with the relevant legislative requirements for certification.

The Commission considered the evidence provided by both parties regarding the negotiation process and the content of the agreement. It examined whether the union had genuinely attempted to negotiate with the employer and whether the employer had engaged in the process in good faith. The Commission also assessed the provisions of the agreement to determine if they fell within the categories of permissible provisions as outlined in the Fair Work Act. Additionally, the Commission evaluated whether the agreement met the criteria for certification, including the requirement that it be in writing and signed by authorised representatives of both parties.

After reviewing the evidence and arguments presented, the Commission found that the agreement had been made in good faith and contained only permissible provisions. The Commission approved the agreement, finding that it complied with the legislative requirements for certification. The union's application was therefore successful, and the Rivermount Education Limited Collective Agreement 2014 was approved as a certified agreement under the Fair Work Act.

The Fair Work Commission approved the Rivermount Education Limited Collective Agreement 2014 as a certified agreement, recognising it as binding on the parties and enforceable under the Fair Work Act. The Commission's decision provides clarity and legal certainty for the union, the employer, and their employees, ensuring that the terms of the agreement are upheld and that the rights and obligations of the parties are properly defined and enforced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established