Independent Education Union of Australia

[2013] FWCA 10211

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/12110)

BRACKEN RIDGE KINDERGARTEN ASSOCIATION INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 DECEMBER 2013

Application for approval of the Bracken Ridge Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Bracken Ridge Kindergarten Association Inc 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 24 December 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia applied for the approval of the Bracken Ridge Kindergarten Association Inc Early Childhood Education Enterprise Agreement 2013. The applicant argued that the agreement met the requirements for approval under the Fair Work Act 2009. The application was opposed by the Association, which argued that the agreement was not fairly and properly negotiated and contained provisions that were not in the best interests of the employees. The court was required to determine whether the agreement met the statutory criteria for approval, including whether it was fairly and properly negotiated and contained appropriate provisions for employee representation.

The court considered the evidence presented by both parties and examined the content of the agreement. It found that the agreement was fairly and properly negotiated, and that the provisions were in the best interests of the employees. The court noted that the agreement contained provisions for employee representation, and that the applicants had provided evidence of a genuine attempt to negotiate with the Association. The court was satisfied that the agreement met the requirements for approval under the Act.

Accordingly, the court approved the agreement. The court noted that its approval did not mean that it endorsed the agreement in all respects, but rather that it was satisfied that the agreement met the statutory criteria for approval. The court also noted that its approval did not prevent either party from seeking to vary or terminate the agreement in the future, in accordance with the Act. The Association's application for costs was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established