Independent Education Union of Australia

[2014] FWCA 142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/12741)

GOROKAN PRESCHOOL INCORPORATED. TEACHERS’ COLLECTIVE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 10 JANUARY 2014

Application for approval of the Gorokan Preschool Incorporated. Teachers’ Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gorokan Preschool 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

The Independent Education Union of Australia sought approval of the Gorokan Preschool Incorporated Teachers’ Collective Agreement 2013 in the Fair Work Commission. The dispute centred on the terms and conditions of employment for preschool teachers within the independent education sector in New South Wales. The Commission was tasked with determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and procedural fairness.

The primary legal issues before the Commission were whether the agreement contained the necessary minimum terms and conditions as stipulated by the Act, and if the process through which the agreement was reached was fair and in good faith. The Commission had to assess if the agreement complied with the procedural requirements and if it provided appropriate protections for the teachers, including wage rates, leave provisions, and working hours.

In its decision, the Commission found that the agreement generally met the statutory requirements and was reached through a process that was procedurally fair. The Commission noted that the agreement provided for minimum terms and conditions, and the bargaining process demonstrated good faith efforts by both parties. The Commission also considered the importance of maintaining a balance between the rights of employers and employees, and concluded that the agreement achieved this balance. As a result, the Commission approved the Gorokan Preschool Incorporated Teachers’ Collective Agreement 2013.

The Fair Work Commission approved the Gorokan Preschool Incorporated Teachers’ Collective Agreement 2013, acknowledging its compliance with statutory requirements and the procedural fairness of its negotiation. The Commission's decision underscored the importance of adhering to minimum terms and conditions while balancing the interests of both employers and employees in the independent education sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established