Independent Education Union of Australia

[2013] FWCA 9940

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10420)

EMERALD PRE SCHOOL & COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 20 DECEMBER 2013

Application for approval of the Emerald Pre School & Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as Emerald Pre School & 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 matter before the Fair Work Commission was an application for approval of the Emerald Pre School & Community Kindergarten Early Childhood Education Enterprise Agreement 2013. The applicant, the Independent Education Union of Australia, sought the approval of the agreement under the Fair Work Act 2009. The respondent, Emerald Pre School & Community Kindergarten, did not oppose the application, but rather raised concerns about the process by which the agreement was formed and the appropriateness of the terms.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including that it be made in good faith and that it provided for the terms and conditions of employment of the employees covered by the agreement. The Commission needed to determine if the agreement was appropriately negotiated and whether it contained minimum terms and conditions as required by the Act. Additionally, the Commission considered whether the agreement was appropriately certified as a single interest employer agreement.

The Commission found that the agreement had been appropriately negotiated and contained the required minimum terms and conditions. The Commission noted that the agreement had been made in good faith and that the process by which it was formed was appropriate. The Commission also found that the agreement was appropriately certified as a single interest employer agreement. The Commission approved the application for the agreement to be registered, finding that it met all the requirements of the Fair Work Act.

The Fair Work Commission approved the application for the Emerald Pre School & Community Kindergarten Early Childhood Education Enterprise Agreement 2013 to be registered. The Commission found that the agreement met all the requirements of the Fair Work Act and was appropriately negotiated. The Commission also found that the agreement contained the required minimum terms and conditions and was appropriately certified as a single interest employer agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established