Independent Education Union of Australia

[2013] FWCA 8775

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/9874)

FOREST VIEW COMMUNITY KINDERGARTEN AND PRE-SCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 7 NOVEMBER 2013

Application for approval of the Forest View Community Kindergarten and Pre-School Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Forest View Community Kindergarten and 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 14 November 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case of Independent Education Union of Australia involved an application for the approval of the Forest View Community Kindergarten and Pre-School Early Childhood Education Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The application was made by the Independent Education Union of Australia (IEUA), which sought approval of the aforementioned agreement between the union and the employer, Forest View Community Kindergarten and Pre-School. The crux of the dispute was whether the agreement met the necessary standards and requirements set out by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, specifically sections concerning minimum entitlements and the proper process for entering into agreements. This involved examining whether the agreement provided fair and reasonable terms for the employees, and whether the correct procedures were followed in negotiating and approving the agreement. The Commission needed to determine if the agreement addressed all minimum entitlements required by the Act and if it was made in good faith.

The Commission found that the agreement was largely in compliance with the Fair Work Act 2009. The agreement was scrutinised for its adherence to the minimum standards for pay, leave, and other entitlements. It was determined that the agreement met these requirements and was negotiated in good faith. The Commission also reviewed the process by which the agreement was reached, confirming that the necessary steps were taken to ensure its validity. As a result, the Commission approved the Forest View Community Kindergarten and Pre-School Early Childhood Education Enterprise Agreement 2013. The decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees and are made in accordance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established