Independent Education Union of Australia

[2013] FWCA 9667

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/11630)

GREAT LAKES CHILDREN'S CENTRE INCORPORATED TEACHER'S EARLY CHILDHOOD SERVICES COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 9 DECEMBER 2013

Application for approval of the Great Lakes Children's Centre Incorporated Teacher's Early Childhood Services Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Great Lakes Children’s Centre Incorporated Teacher’s Early Childhood Services 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. As the Agreement does not contain a complying flexibility term, the model flexibility term is taken to be a term of the Agreement.

[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 three years thereafter.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia (IEU) applied to the Fair Work Commission (FWC) for approval of a proposed teachers' early childhood services collective agreement. The Great Lakes Children's Centre Incorporated (GLCCI) was the employer party in the dispute. The nature of the dispute was centred on the terms and conditions of employment for early childhood teachers, with a focus on the proposed collective agreement's provisions.

The central legal issues before the FWC were whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009, including whether it was a genuine agreement, free from elements of coercion or undue influence, and whether it contained all required minimum terms and conditions. Furthermore, the court had to determine if the agreement was in the best interests of the employees, considering their rights and obligations.

The FWC assessed the proposed agreement against the legislative framework. It found that the agreement was genuinely negotiated and not coerced. The FWC concluded that the agreement contained all required minimum terms and conditions and was in the best interests of the employees, providing adequate protections and benefits. Therefore, the FWC approved the proposed agreement.

The FWC's final orders included the approval of the Great Lakes Children's Centre Incorporated Teacher's Early Childhood Services Collective Agreement 2013, effective from the date of the decision. The approval signified the agreement's compliance with the legislative requirements and its suitability for implementation as a binding collective agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established