Independent Education Union of Australia

[2013] FWCA 9357

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/10069)

WILLMORE KINDERGARTEN AND PRE-SCHOOL INC COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 3 DECEMBER 2013

Application for approval of the Willmore Kindergarten and Pre-School Inc Collective Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Willmore Kindergarten and Pre-School Inc Collective 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

In the matter of the Independent Education Union of Australia, the applicant sought approval of the Willmore Kindergarten and Pre-School Inc Collective Agreement 2013. The dispute was brought before the Fair Work Commission, a tribunal with jurisdiction over workplace relations and employment matters. The applicant argued that the agreement met all necessary conditions for approval under the Fair Work Act 2009.

The primary legal issue the court needed to address was whether the collective agreement complied with statutory requirements. This included assessing whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions. The court also examined if the agreement was fair and balanced, taking into account the interests of both employees and employers. Additionally, the court had to determine if there was sufficient evidence that the agreement had been properly negotiated and whether it adhered to procedural fairness.

The court found that the Willmore Kindergarten and Pre-School Inc Collective Agreement 2013 was in compliance with the relevant statutory provisions. The agreement was deemed to be made in good faith, with the necessary minimum terms and conditions included. The court considered that the agreement was fair and balanced, taking into account the interests of both parties. The evidence presented demonstrated that the agreement had been properly negotiated and adhered to procedural fairness. Consequently, the court approved the collective agreement, recognising its compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established