Independent Education Union of Australia

[2013] FWCA 8045

The attached document replaces the document previously issued with the above code on 23 October 2013.

This document corrects typographical errors contained in the original document.

Jimmy Li

Associate to Vice President Lawler.

Dated 25 October 2013.

[2013] FWCA 8045

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/9245)

BERALA JACK AND JILL PRE SCHOOL KINDERGATEN INC TEACHERS AGREEMENT 2013

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 23 OCTOBER 2013

Application for approval of the Berala Jack and Jill Preschool Kindergaten Inc Teachers Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Berala Jack and Jill Preschool Kindergaten Inc Teachers Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia. 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 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (NSW/ACT Branch) 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2013. The nominal expiry date of the Agreement is 30 October 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia for the approval of the Berala Jack and Jill Preschool Kindergarten Inc Teachers Agreement 2013. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Berala Jack and Jill Preschool Kindergarten Inc, which employs teachers, and the Independent Education Union of Australia, representing the teachers, were the main parties in this case.

The legal issues before the court were whether the agreement provided for a fair and efficient method of determining wage and other employment conditions, and whether it complied with the procedural requirements of the Fair Work Act. Specifically, the court had to consider if the agreement included provisions for a proper process for resolving disputes between the parties and if it adhered to the mandatory topics outlined in the Act. Additionally, the court examined whether the agreement had been negotiated in good faith and if it provided for fair and reasonable terms.

The court found that the agreement met the statutory requirements for approval. It concluded that the agreement provided for a fair and efficient method of determining wages and other employment conditions, and it contained provisions for resolving disputes. The court was satisfied that the agreement had been negotiated in good faith and that it included terms that were fair and reasonable. The court also determined that the agreement complied with all mandatory topics and procedural requirements under the Act. As a result, the application for approval of the agreement was successful.

The court ordered the approval of the Berala Jack and Jill Preschool Kindergarten Inc Teachers Agreement 2013, effective from the date of the decision. This approval meant that the agreement could now be used to determine the employment conditions of teachers at the preschool, providing a legally binding framework for their wages, hours of work, and other employment terms. The decision provided clarity for both the preschool and the union, ensuring that the agreement would be upheld in accordance 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