Independent Education Union of Australia

[2014] FWCA 136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/12756)

ST FAITHS GUMNUT KINDERGARTEN INC. EMPLOYEE COLLECTIVE AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 10 JANUARY 2014

Application for approval of the St Faiths Gumnut Kindergarten Inc. Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Faiths Gumnut Kindergarten Inc. Employee 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

The applicants, the Independent Education Union of Australia, sought approval of the St Faiths Gumnut Kindergarten Inc. Employee Collective Agreement 2013. The application was heard by the Fair Work Commission, with Commissioner McCabe presiding. The dispute centred around the application's compliance with relevant industrial laws and the fairness of its terms and conditions.

The central legal issue was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically regarding its registration under the act. The applicants argued that the agreement was fair and met all necessary criteria, while the respondents contended that certain provisions did not comply with the act and were not genuinely agreed upon by the parties.

The commission found that several provisions in the agreement did not align with the statutory requirements of the Fair Work Act. Notably, certain clauses related to wages and conditions were deemed not to have been genuinely agreed upon. The commission also considered the overall fairness of the agreement and concluded that it did not meet the standard required for approval. Consequently, the application was dismissed due to non-compliance with the necessary industrial standards and the failure to genuinely bargain certain provisions.

The commission's decision was final and binding, and the application for approval of the St Faiths Gumnut Kindergarten Inc. Employee Collective Agreement 2013 was dismissed. The agreement was not registered, and the terms and conditions it proposed were not enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established