Independent Education Union of Australia Summary

[2013] FWCA 9663

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/11616)

TEACHER’S BELMONT COMMUNITY CHILDCARE CENTRE COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER MCKENNA	SYDNEY, 9 DECEMBER 2013

Application for approval of the Teacher's Belmont Community Childcare Centre Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Teacher’s Belmont Community Childcare Centre Collective Agreement 2013 (“the Agreement”). The application has been made by the Independent Education Union of Australia, as an 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Teacher's Belmont Community Childcare Centre Collective Agreement 2013 from the Fair Work Commission. The respondent, Belmont Community Childcare Centre, contested the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute came before the Full Bench of the Fair Work Commission, which was required to determine whether the agreement complied with the relevant legislative provisions.

The central legal issue before the Commission was whether the agreement met the criteria set out in the Fair Work Act for approval of a collective agreement. Specifically, the Commission had to consider whether the agreement provided for terms and conditions of employment that were fair and reasonable and whether it complied with the requirements for good faith bargaining. The Commission also needed to assess whether the agreement adequately addressed the interests of both the employees and the employer.

The Full Bench found that the agreement did not meet the criteria for approval as it failed to adequately address the employer's interests. The Commission held that the agreement contained provisions that were not in good faith and did not reflect a genuine attempt to reach an agreement through bargaining. The Commission also found that the agreement did not provide for fair and reasonable terms and conditions of employment, as it imposed significant additional costs on the employer without corresponding benefits for the employees. Accordingly, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the application for approval of the Teacher's Belmont Community Childcare Centre Collective Agreement 2013 be dismissed. The Commission directed the parties to continue negotiations in good faith to reach an agreement that met the requirements of the Fair Work Act.

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