Independent Education Union of Australia Summary

[2013] FWCA 9703

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/11662)

WOMBATS PLAYSCHOOL INC EMPLOYEE COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 10 DECEMBER 2013

Application for approval of the Wombats Playschool Inc Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wombats Playschool Employee Inc Collective 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 two years thereafter.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Wombats Playschool Inc Employee Collective Agreement 2013 from the Fair Work Commission. The dispute involved the interpretation and application of the Fair Work Act 2009 in relation to the terms of the agreement. The central issues before the court were whether the agreement met the statutory requirements for approval, particularly focusing on the process by which the agreement was made and its adherence to the provisions of the Fair Work Act.

The court examined whether the agreement was genuinely negotiated between the employer and the union, and whether it complied with the various procedural and substantive requirements set out in the legislation. Key aspects included verifying if the agreement was made free from any improper conduct and ensuring that it addressed the relevant employees' terms and conditions of employment. The court also considered if the agreement contained all the mandatory provisions required by the Act, including those related to minimum wages, penalty rates, and other employment standards.

In reaching its decision, the court found that the agreement was appropriately negotiated and met all the statutory requirements for approval. The court confirmed that the process adhered to the legislative framework and that all necessary terms and conditions were included. Consequently, the court approved the collective agreement, recognising its compliance with the Fair Work Act and its suitability for implementation.

The final orders of the court were that the Wombats Playschool Inc Employee Collective Agreement 2013 be approved and registered with the Fair Work Commission. This decision ensures that the agreement can be implemented as a legally binding document governing the employment conditions of the relevant 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