Independent Education Union of Australia Summary

[2013] FWCA 9727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/8845)

HASTINGS PRESCHOOL & LONG DAY CARE CENTRE EMPLOYEE COLLECTIVE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 11 DECEMBER 2013

Application for approval of the Hasting Preschool & Long Day Care Centre Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hasting Preschool & Long Day Care Centre Employee Collective Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of s.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Hastings Preschool & Long Day Care Centre Inc. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2013. The nominal expiry date of the Agreement is 17 December 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia, as the representative of employees at the Hasting Preschool & Long Day Care Centre, sought approval of the 2013 Employee Collective Agreement. The application was brought before the Fair Work Commission (FWC). The central issue before the FWC was whether the 2013 Agreement met the statutory requirements for approval under the Fair Work Act 2009 (Cth), including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any improper influence or coercion.

The FWC examined the provisions of the 2013 Agreement and found that it complied with the statutory requirements. The agreement contained provisions that ensured fair and reasonable terms and conditions of employment, including provisions related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The FWC also found that there was no evidence of improper influence or coercion in the negotiation or execution of the agreement. The FWC noted that the agreement had been negotiated in good faith between the union and the employer, and that it reflected the parties' genuine agreement.

The FWC approved the 2013 Agreement, finding that it met the statutory requirements for approval. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was free from any improper influence or coercion. The FWC also noted that the agreement had been negotiated in good faith, and that it reflected the parties' genuine agreement. The FWC's decision was based on a thorough analysis of the evidence and the relevant statutory provisions. The union's application for approval of the 2013 Agreement was therefore successful.

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