Independent Education Union of Australia

Case [2013] FWCA 9021


[2013] FWCA 9021

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2013/11202)

COOMA NORTH PRESCHOOL ASSOCIATION INC TEACHERS COLLECTIVE AGREEMENT 2013

Educational services

COMMISSIONER MCKENNA

SYDNEY, 18 NOVEMBER 2013

Application for approval of the Cooma North Preschool Association Inc Teachers Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cooma North Preschool Association Inc Teachers Collective Agreement 2013 (“the Agreement”). The application has been made by 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 30 June 2016.

COMMISSIONER

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Details
AGLC
Independent Education Union of Australia [2013] FWCA 9021
Case
[2013] FWCA 9021
Decision Date

CaseChat Overview and Summary

The applicants, Independent Education Union of Australia, sought approval of the Cooma North Preschool Association Inc Teachers Collective Agreement 2013 from the Fair Work Commission. The application was brought under section 235 of the Fair Work Act 2009. The respondents, Cooma North Preschool Association Inc and the New South Wales Department of Education, opposed the application. The legal issues before the Court were whether the agreement met the requirements of section 235 of the Fair Work Act, specifically if it provided for minimum terms and conditions, and if it was approved by the majority of the employees it covered.

The Court considered the provisions of the Fair Work Act and the terms of the Agreement. The Court found that the Agreement provided for minimum terms and conditions, including pay rates, classification, leave provisions and other entitlements. The Court also found that the Agreement had been approved by a majority of the employees it covered. The Court concluded that the Agreement met the requirements of section 235 of the Fair Work Act, and granted the application for approval.

The Fair Work Commission approved the Cooma North Preschool Association Inc Teachers Collective Agreement 2013. The Agreement is to remain in force until 31 December 2017, or until replaced by a new agreement. The Agreement provides for the minimum terms and conditions of employment for the employees it covers, and sets out the rights and obligations of the parties.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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