Independent Education Union of Australia Summary

[2013] FWCA 9664

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/11620)

NORTH SHORE TEMPLE EMANUEL (MARTIN AND EMMA HANNES) PRE SCHOOL EMPLOYEE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 9 DECEMBER 2013

Application for approval of the North Shore Temple Emanuel (Martin and Emma Hannes) Pre School Employee Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the North Shore Temple Emanuel (Martin and Emma Hannes) Pre School Employee 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 31 August 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Independent Education Union of Australia (the Applicant) and the North Shore Temple Emanuel (Martin and Emma Hannes) Pre School (the Employer). The Applicant sought approval of the North Shore Temple Emanuel (Martin and Emma Hannes) Pre School Employee Agreement 2013. This agreement aimed to provide a framework for employment terms and conditions for employees of the preschool, addressing various aspects including wages, working hours, and dispute resolution mechanisms.

The primary legal issue that the Commission had to address was whether the proposed agreement complied with the relevant legislative provisions, specifically those contained in the Fair Work Act 2009. The Commission needed to determine if the agreement met the requirements for being a registered agreement, which includes being a small business agreement and meeting specific criteria such as not being less favourable than the applicable award or registered agreement and ensuring it was not contrary to public policy. Additionally, the Commission had to consider whether the agreement had been fairly and genuinely negotiated, as required by the legislation.

In its decision, the Commission examined the contents of the proposed agreement in detail. The Commission found that the agreement generally complied with the statutory requirements. It was deemed to be a small business agreement and was not less favourable than the relevant award or other registered agreements. The Commission also concluded that the agreement was not contrary to public policy and had been fairly and genuinely negotiated. Therefore, the Commission approved the agreement, recognising its adherence to the legislative framework and its suitability as a basis for employment terms and conditions within the preschool.

The Fair Work Commission approved the North Shore Temple Emanuel (Martin and Emma Hannes) Pre School Employee Agreement 2013, recognising it as compliant with the Fair Work Act 2009. This decision allowed the agreement to be registered, providing a legally binding framework for the employment of preschool staff. The approval ensured that the agreement would operate within the bounds of the law, protecting the rights of both the employees and the employer.

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