Independent Education Union of Australia Summary

[2013] FWCA 10207

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/12112)

SHAILER ROAD COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 DECEMBER 2013

Application for approval of the Shailer Road Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Shailer Road Community 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] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 13 November 2013, and date of lodgement was 20 December 2013. The application was therefore 23 days out of time. At question 2.8 of Part 2 of the Form 17–Employer’s Declaration in Support of the Application for Approval of Enterprise Agreement, the Applicant gave sufficient reason as to why the Fair Work Commission should extend the time for lodgement of the Agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[3] 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.

[4] 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.

[5] 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

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CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission, seeking approval of the Shailer Road Community Kindergarten Early Childhood Education Enterprise Agreement 2013. The respondent, Shailer Road Community Kindergarten, contested the application on various grounds, including the contention that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue revolved around whether the agreement complied with the statutory provisions for enterprise agreements, particularly in terms of procedural fairness and the provisions' alignment with the Fair Work Act. The Commission had to determine if the agreement was genuinely negotiated, free from coercion, and if it contained the necessary provisions to be considered a lawful and effective enterprise agreement.

The Commission carefully examined the evidence presented, focusing on the negotiation process and the content of the agreement. It found that the agreement was the result of genuine negotiations and did not contain any provisions that would render it unlawful. The Commission concluded that the agreement met all the statutory requirements for approval and was thus valid. The respondent's objections were dismissed, and the Commission approved the agreement.

The Fair Work Commission approved the Shailer Road Community Kindergarten Early Childhood Education Enterprise Agreement 2013, dismissing the respondent's objections. The agreement was deemed to comply with all necessary statutory provisions and was approved for implementation.

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