Independent Education Union of Australia

[2013] FWCA 10212

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/12114)

PROSERPINE PUBLIC KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 DECEMBER 2013

Application for approval of the Proserpine Public Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Proserpine Public Kindergarten Early Childhood Education Enterprise Agreement 2013 (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 31 December 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Proserpine Public Kindergarten Early Childhood Education Enterprise Agreement 2013. The application was made under section 231 of the Fair Work Act 2009. The Proserpine Public Kindergarten opposed the application, arguing that the agreement contained terms which were not sufficiently clear and which could be interpreted in multiple ways. The Fair Work Commission was required to decide whether the terms of the agreement were sufficiently clear and certain to be capable of being approved. The Commission noted that the agreement contained terms that were not clear and which could be interpreted in multiple ways. However, the Commission found that the agreement contained sufficient context to interpret the terms in a way that was clear and certain. The Commission held that the agreement met the requirements of section 231 of the Fair Work Act 2009 and approved the application. The Proserpine Public Kindergarten's appeal against the Commission's decision was dismissed.

The Fair Work Commission approved the application for the Proserpine Public Kindergarten Early Childhood Education Enterprise Agreement 2013. The Commission found that the agreement contained terms that were not clear and which could be interpreted in multiple ways. However, the Commission held that the agreement contained sufficient context to interpret the terms in a way that was clear and certain. The Commission found that the agreement met the requirements of section 231 of the Fair Work Act 2009 and approved the application. The Proserpine Public Kindergarten appealed the Commission's decision, however the appeal was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established