Independent Education Union of Australia

[2013] FWCA 9937

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10382)

BURLEIGH HEADS KINDERGARTEN AND PRE SCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 20 DECEMBER 2013

Application for approval of the Burleigh Heads Kindergarten and Pre School Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Burleigh Heads Kindergarten and Pre School 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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Burleigh Heads Kindergarten and Pre School Early Childhood Education Enterprise Agreement 2013. The Independent Education Union of Australia sought approval of the agreement on behalf of the employees of the Burleigh Heads Kindergarten and Pre School. The application was opposed by the employer, who raised concerns about the financial implications of the proposed agreement.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the employer argued that the agreement was not in the best interests of the employees due to its potential financial impact on the employer and whether the agreement appropriately addressed the terms and conditions of employment for the employees.

The Commission found that the proposed agreement met the statutory requirements for approval. The Commission considered the employer's financial concerns but concluded that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits. The Commission also noted that the agreement had been negotiated in good faith and that the employees had been adequately consulted throughout the process. The Commission approved the agreement, finding that it was in the best interests of the employees and met the requirements of the Act.

The Fair Work Commission approved the Burleigh Heads Kindergarten and Pre School Early Childhood Education Enterprise Agreement 2013. The employer was directed to implement the agreement and provide written notice to the employees of the approval. The employees were also directed to provide written notice to the employer of their acceptance of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established