Independent Education Union of Australia Summary

[2013] FWCA 9878

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/11825)

BINNOWEE KINDERGARTEN CO-OP SOCIETY LTD. EMPLOYEE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 16 DECEMBER 2013

Application for approval of the Binnowee Kindergarten Co-Op Society Ltd. Employee Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Binnowee Kindergarten Co-Op Society Ltd. 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.

[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 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Binnowee Kindergarten Co-Op Society Ltd. Employee Agreement 2013. The dispute arose from the application made by the Binnowee Kindergarten Co-Op Society Ltd. for the Fair Work Commission's approval of an employee agreement. The legal issues before the court centred on whether the agreement was consistent with the relevant industrial instruments and whether it complied with the provisions of the Fair Work Act 2009.

The court found that the agreement was consistent with the relevant industrial instruments and was compliant with the Fair Work Act 2009. The agreement was found to provide for a fair and reasonable set of terms and conditions of employment, and the court was satisfied that it met the requirements of the relevant legislation. The agreement was approved by the court, and the Binnowee Kindergarten Co-Op Society Ltd. was permitted to implement it as a certified agreement.

The court's decision was based on the evidence presented by both parties and the court's consideration of the relevant industrial instruments and legislation. The court found that the agreement provided for a fair and reasonable set of terms and conditions of employment and that it was consistent with the relevant industrial instruments. The court was satisfied that the agreement met the requirements of the Fair Work Act 2009 and approved the agreement as a certified agreement.

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