Independent Education Union of Australia Summary

[2013] FWCA 10206

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10532)

MOTT PARK KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 DECEMBER 2013

Application for approval of the Mott Park Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Mott Park 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 Mott Park Kindergarten Early Childhood Education Enterprise Agreement 2013. The Mott Park Kindergarten sought to have the agreement dismissed as it contained provisions that allegedly conflicted with the Fair Work Act 2009. The central issue for the Commission was whether the terms of the agreement contravened any provisions of the Fair Work Act, particularly regarding the nature of the agreement, the bargaining representatives, and the content of the agreement itself. The Commission had to determine if the agreement was genuinely an enterprise agreement as defined under the Act, if the bargaining representatives had the requisite authority to negotiate on behalf of the employees, and if the terms of the agreement were consistent with the Act's provisions.

The Commission found that the agreement was validly made and approved it. The bargaining representatives were deemed to have the necessary authority, and the terms of the agreement did not conflict with the Fair Work Act. The Commission concluded that the agreement met all legal requirements for approval and was consistent with the legislative framework governing enterprise agreements.

Consequently, the application for approval of the Mott Park Kindergarten Early Childhood Education Enterprise Agreement 2013 was approved. The Fair Work Commission ordered that the agreement be approved and registered in accordance with the Fair Work Act 2009.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established