Independent Education Union of Australia Summary

[2013] FWCA 9939

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10426)

SOUTH MACKAY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 20 DECEMBER 2013

Application for approval of the South Mackay Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the South Mackay 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 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia sought approval of the South Mackay Kindergarten Early Childhood Education Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009. The dispute concerned whether the agreement met the requirements for "single interest employer" bargaining and whether it included appropriate provisions for the classification and remuneration of employees.

The key legal issue was whether the agreement satisfied the criteria for single interest employer bargaining, which includes being made with an employer that employs employees in only one enterprise, and whether it appropriately addressed the classification and remuneration of employees. Additionally, the court had to determine if the agreement contained all the mandatory terms and conditions as required by the Fair Work Act.

The commission examined the nature of the employer's business and the scope of the agreement, finding that the employer did indeed meet the single interest employer criteria. The commission also assessed the provisions on employee classification and remuneration, concluding that they were fair and reasonable. The agreement was found to include all mandatory terms and conditions, thereby meeting the legislative requirements for approval. The commission approved the agreement, deeming it to be in the best interests of the employees it covered.

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