Independent Education Union of Australia

[2013] FWCA 10050

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/11876)

CANTERBURY COMMUNITY CHILD CARE CENTRE EARLY CHILDHOOD EDUCATORS AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 19 DECEMBER 2013

Application for the approval of the Canterbury Community Child Care Centre Early Childhood Educators Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Canterbury Community Child Care Centre Early Childhood Educators 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.

[3] The Independent Education Union of Australia NSW/ACT Branch 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 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia filed an application before the Fair Work Commission for the approval of the Canterbury Community Child Care Centre Early Childhood Educators Agreement 2013. The dispute centred around the fairness and validity of the agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the statutory requirements and if it was fair and reasonable for the employees it covered.

The primary legal issue was whether the agreement provided for fair and reasonable terms and conditions for the employees, including pay and other entitlements, as well as ensuring that the agreement was not prejudicial to the employees. The Commission had to assess if the agreement complied with the procedural requirements for approval under the Fair Work Act 2009, including whether it was made in good faith and involved genuine bargaining.

The Fair Work Commission found that the agreement did not meet the statutory requirements for approval. The Commission determined that the agreement was not fair and reasonable as it did not adequately address certain entitlements and conditions for the employees. Furthermore, the Commission concluded that the agreement was not made in good faith and did not involve genuine bargaining. Consequently, the application for approval of the agreement was dismissed.

The Commission's decision underscores the importance of ensuring that any enterprise agreement is fair, reasonable, and the product of genuine bargaining between the parties. The court's ruling highlights the necessity for agreements to meet the statutory requirements and provide for the fair treatment of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established