Independent Education Union of Australia Summary

[2013] FWCA 9941

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10421)

YARRAMAN & DISTRICT COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 20 DECEMBER 2013

Application for approval of the Yarraman & District Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Yarraman & District 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] 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 parties involved in this case were the Independent Education Union of Australia, who sought approval of the Yarraman & District Community Kindergarten Early Childhood Education Enterprise Agreement 2013. The dispute was centred on whether the terms of the proposed agreement met the necessary criteria for approval under the relevant legislative framework. The Fair Work Commission, as the body responsible for approving such agreements, heard the matter.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the statutory requirements for enterprise agreements, and whether it met the specific provisions outlined in the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for appropriate dispute resolution mechanisms.

In its reasoning, the Commission noted that the agreement generally met the statutory requirements for an enterprise agreement. It observed that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith. The Commission also found that the agreement included appropriate dispute resolution mechanisms. However, it made several adjustments to the agreement to ensure compliance with the Fair Work Act 2009. These adjustments included modifications to certain clauses to address minor non-compliances. Ultimately, the Commission approved the agreement with these modifications.

The final orders of the Commission were that the Yarraman & District Community Kindergarten Early Childhood Education Enterprise Agreement 2013, as modified, be approved. The modifications were aimed at ensuring full compliance with the Fair Work Act 2009 and addressed any minor issues identified during the review process.

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