Independent Education Union of Australia

[2013] FWCA 9936

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10402)

WALLAVILLE KINDERGARTEN CARE COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 20 DECEMBER 2013

Application for approval of the Wallaville Kindergarten Care Collective Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Wallaville Kindergarten Care Collective 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 27 December 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission was an application by the Independent Education Union of Australia for approval of the Wallaville Kindergarten Care Collective Agreement 2013. The application was opposed by the respondent employer, Wallaville Kindergarten Care. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the collective agreement provided for genuine and meaningful bargaining between the parties, as required by section 235 of the Act. Additionally, the court examined whether the agreement met the standards for procedural fairness and substantive fairness, ensuring that it provided for the fair and equitable treatment of the employees.

The Full Bench found that the agreement did not demonstrate genuine and meaningful bargaining. The process was deemed to be insufficient as there was no evidence of the employer engaging in a meaningful negotiation process. The court also found that the agreement failed to meet the standards of procedural and substantive fairness. Consequently, the application for approval was dismissed. The Full Bench's decision was based on the lack of evidence of a genuine negotiation process and the failure to meet the standards of fairness set out in the Act. The court emphasised the importance of adhering to the legal requirements for approving collective agreements to ensure fair treatment of employees and maintain the integrity of the bargaining process.

The Full Bench dismissed the application for approval of the Wallaville Kindergarten Care Collective Agreement 2013. The court ordered that the agreement be returned to the parties for further negotiation and consideration, with the direction that the agreement must reflect genuine and meaningful bargaining and meet the standards of procedural and substantive fairness. The order also mandated that the employer must engage in a proper negotiation process before any further application for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established