Independent Education Union of Australia

[2013] FWCA 9631

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10229)

REDLANDS COLLEGE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 10 DECEMBER 2013

Application for approval of the Redlands College Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Redlands College 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 17 December 2013. The nominal expiry date of the Agreement is 9 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought the court's approval for the Redlands College Enterprise Agreement 2013. This agreement aimed to regulate the terms and conditions of employment for certain employees at Redlands College. The application was contested by the employer, who raised concerns over certain provisions within the agreement. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the employer contested several provisions, arguing they failed to comply with the Act's standards and principles. The Commission had to determine if these provisions were bona fide and whether the agreement was appropriately certified as free, independent, and lawful.

In considering the objections, the Commission examined the provisions in question and the context in which they were made. The Commission found that the contested provisions were not contrary to the principles of the Act and were made in good faith. The Commission also determined that the agreement was appropriately certified and met the criteria for approval. Consequently, the Commission dismissed the employer's objections and approved the Redlands College Enterprise Agreement 2013.

The Commission's final order was that the Redlands College Enterprise Agreement 2013 be approved and registered. This decision confirmed the agreement's validity and allowed it to take effect as a binding contract between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established