Independent Education Union of Australia

[2013] FWCA 9352

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10204)

YAMANTO COMMUNITY KINDERGARTEN & PRE SCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 3 DECEMBER 2013

Application for approval of the Yamanto Community Kindergarten & Pre School Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Yamanto Community Kindergarten & Pre School Early Childhood Education 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 10 December 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Yamanto Community Kindergarten & Pre School Early Childhood Education Enterprise Agreement 2013. The applicant, Independent Education Union of Australia, sought to have the agreement recognised as a lawful and fair workplace arrangement under the Fair Work Act 2009. The dispute centred on the union's contention that the agreement adequately represented the interests of its members and complied with the relevant legislative requirements.

The central legal issue before the court was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act. This involved assessing whether the agreement was made in good faith and without coercion, whether it contained the requisite minimum terms and conditions, and whether it was certified by a certified bargaining representative. Additionally, the court had to consider whether the agreement was likely to achieve a better outcome for the employees than the applicable awards or registered agreements.

In rendering its decision, the court examined the evidence and submissions provided by both parties. It considered the content of the proposed agreement, the process by which it was negotiated, and the views of the union and the employer. The court found that the agreement was made in good faith, contained the necessary minimum terms, and was certified by an appropriate bargaining representative. The court concluded that the agreement would provide a fair and better outcome for the employees compared to the relevant awards and agreements. Accordingly, the court approved the agreement, enabling it to come into effect as a legally binding contract.

The final orders of the court were to approve the Yamanto Community Kindergarten & Pre School Early Childhood Education Enterprise Agreement 2013 as a lawful and fair workplace arrangement, effective from the date of the decision. This outcome provided certainty and legal recognition to the agreement, allowing it to regulate the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established