Independent Education Union of Australia

[2013] FWCA 8660

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/9806)

SILKSTONE BAPTIST COMMUNITY KINDERGARTEN COLLECTIVE AGREEMENT 2012

Educational services
COMMISSIONER BOOTH	BRISBANE, 6 NOVEMBER 2013

Application for approval of the Silkstone Baptist Community Kindergarten Collective Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Silkstone Baptist Community Kindergarten Collective Agreement 2012 (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 13 November 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 applicant, Independent Education Union of Australia, sought approval of the Silkstone Baptist Community Kindergarten Collective Agreement 2012 in the Fair Work Commission. The agreement, negotiated with the employer, Silkstone Baptist Community Kindergarten, aimed to regulate the employment terms of kindergarten teachers. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the application was scrutinised for compliance with provisions regarding fair and reasonable terms, and whether it adhered to the good faith bargaining requirement.

The legal issues before the commission involved verifying whether the agreement contained terms that were fair and reasonable, as mandated by section 235 of the Fair Work Act. Additionally, the commission had to assess if the agreement was the product of genuine negotiations between the parties, as stipulated by section 230 of the Act. The applicant argued that the agreement met these criteria, while the employer raised concerns about certain terms, particularly those related to leave entitlements and working conditions.

In its decision, the commission examined the evidence provided by both parties and considered relevant legal principles. The commission found that the agreement, while not perfect, contained terms that were fair and reasonable, considering the specific circumstances of the kindergarten and the bargaining positions of the parties. It was also determined that the agreement was the result of genuine negotiations, despite some reservations expressed by the employer. Consequently, the commission approved the agreement, finding that it met the statutory requirements for approval.

The commission's final orders included the approval of the Silkstone Baptist Community Kindergarten Collective Agreement 2012, subject to certain conditions and modifications to address minor concerns raised during the hearing. The decision underscored the importance of fair and reasonable terms in collective agreements and the need for genuine negotiations to ensure compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established