Independent Education Union of Australia

[2013] FWCA 9938

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10442)

BANYO KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 20 DECEMBER 2013

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

[1] An application has been made for approval of a single enterprise agreement known as the Banyo 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 applicant, the Independent Education Union of Australia, sought approval of the Banyo Kindergarten Early Childhood Education Enterprise Agreement 2013. The application was brought before the Fair Work Commission, which is Australia's workplace relations tribunal. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly whether it complied with the good faith bargaining provisions and other relevant legislative criteria.

The court was tasked with determining whether the agreement demonstrated genuine efforts to negotiate in good faith and whether it complied with all relevant provisions of the Fair Work Act. The applicant argued that the agreement was the result of genuine bargaining efforts and met all necessary statutory requirements. Conversely, the respondent contended that the agreement did not reflect genuine bargaining and failed to meet certain legal standards.

After examining the evidence and applying the relevant statutory provisions, the Fair Work Commission found that the agreement did not sufficiently demonstrate genuine efforts to negotiate in good faith. The Commission also found that the agreement failed to meet certain requirements of the Fair Work Act. Consequently, the application for approval of the agreement was dismissed. The Commission highlighted the importance of adhering to good faith bargaining obligations and statutory requirements when drafting enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established