Independent Education Union of Australia Summary

[2013] FWCA 10045

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/11931)

ARMIDALE COMMUNITY PRESCHOOL INC. EMPLOYEE AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 20 DECEMBER 2013

Application for the approval of the Armidale Community Preschool Inc. Employee Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Armidale Community Preschool Inc. Employee Agreement 2013 (“the Agreement”). The application has been made by the Independent Education Union of Australia, as employee organisation bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. Armidale Community Preschool Inc. has provided written an undertaking with respect to the Agreement. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Independent Education Union of Australia NSW/ACT Branch (“IEU”) concurs with the content of the undertaking. The IEU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

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 Armidale Community Preschool Inc. Employee Agreement 2013. The dispute centred on whether the proposed agreement provided adequate terms and conditions for employees of the preschool, and whether it complied with relevant industrial instruments and the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the necessary criteria for approval, including whether it provided fair and reasonable terms, and whether it aligned with the overarching principles of the Act.

The central legal issues before the Commission involved assessing whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the procedural requirements set forth in the Fair Work Act. Additionally, the Commission had to examine if the agreement complied with the relevant industrial awards and whether it adequately addressed minimum entitlements, such as wages, leave provisions, and other employment standards.

In reaching its decision, the Commission carefully reviewed the proposed agreement against the statutory requirements and industrial benchmarks. The Commission found that the agreement provided fair and reasonable terms for the employees and complied with the necessary procedural standards. Furthermore, it was determined that the agreement did not unfairly disadvantage any party and met the criteria for approval under the Fair Work Act. The Commission approved the Armidale Community Preschool Inc. Employee Agreement 2013, recognising its alignment with the legal and industrial framework.

No further orders were made beyond the approval of the agreement. The Commission's decision underscored the importance of ensuring that employment agreements provide fair and reasonable terms while adhering to the legislative and industrial standards designed to protect both employers and employees.

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