Independent Education Union of Australia

[2013] FWCA 9925

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10314)

ST THOMAS'S RIVERVEIW KINDERGARTEN INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 20 DECEMBER 2013

Application for approval of the St Thomas's Riverveiw Kindergarten Inc Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the St Thomas's Riverveiw Kindergarten Inc 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

The Independent Education Union of Australia lodged an application for approval of the St Thomas's Riverview Kindergarten Inc Early Childhood Education Enterprise Agreement 2013 with the Fair Work Commission. The dispute involved the terms and conditions of employment for early childhood education employees at the kindergarten. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement contained all the mandated minimum terms and conditions, and whether it was free from prohibited content. The Commission had to ensure that the agreement complied with the provisions of the Fair Work Act, including the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The Commission also needed to assess whether the agreement had been made in good faith and whether it contained any terms that were contrary to public policy.

The Fair Work Commission examined the agreement in detail, considering the specific provisions related to wages, hours of work, leave entitlements, and other employment terms. The Commission found that the agreement was comprehensive and contained all the required minimum terms and conditions. Importantly, the Commission determined that the agreement was free from prohibited content and had been made in good faith. The Commission approved the agreement, confirming that it met all legal requirements and was fit for purpose.

As a result of the Commission's approval, the St Thomas's Riverview Kindergarten Inc Early Childhood Education Enterprise Agreement 2013 was formally recognised and enforceable. The agreement would now govern the employment conditions of early childhood education employees at the kindergarten, providing a clear framework for their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established