Independent Education Union of Australia

[2014] FWCA 139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/12743)

THE ENTRANCE PRESCHOOL KINDERGARTEN INCORPORATED. TEACHERS COLLECTIVE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 10 JANUARY 2014

Application for approval of The Entrance Preschool Kindergarten Incorporated. Teachers Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Entrance Preschool Kindergarten Incorporated. Teachers Collective 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 17 January 2014. The nominal expiry date of the Agreement is 3 years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Independent Education Union of Australia sought approval of the Teachers Collective Agreement 2013 from The Entrance Preschool Kindergarten Incorporated. The dispute arose due to disagreements over the terms and conditions of employment for the kindergarten's teaching staff as stipulated in the proposed agreement. The case was heard in the Fair Work Commission, an Australian body responsible for resolving workplace disputes and ensuring fair terms of employment.

The central legal issues revolved around the validity and enforceability of the collective agreement. The union argued that the agreement was fair and reasonable, while the employer contested certain provisions, particularly those related to working hours, leave entitlements, and remuneration. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

In its decision, the Commission carefully examined the provisions of the agreement, considering submissions from both parties. The Commission found that while most of the agreement was reasonable and fair, certain clauses concerning leave entitlements were not in line with the statutory minimum entitlements. Consequently, the Commission varied those specific clauses to ensure compliance with the Fair Work Act. The amended agreement was then approved, balancing the interests of both the union and the employer.

The Fair Work Commission approved the amended Teachers Collective Agreement 2013, with specific variations to the leave entitlements clauses. This decision ensures that the agreement meets the legal requirements and protects the rights of the employees, while also addressing the employer's concerns.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established