Independent Education Union of Australia

[2013] FWCA 7954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/9603)

PARKLANDS CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 10 OCTOBER 2013

Application for approval of the Parklands Christian College Collective Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Parklands Christian College Collective Enterprise Agreement 2013 (the Agreement). The application was made 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 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia Queensland and Northern Territory 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Independent Education Union of Australia, seeking approval of the Parklands Christian College Collective Enterprise Agreement 2013. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The dispute centred on whether the agreement was made in good faith and whether it complied with the provisions of the Act, including the requirement for fair and reasonable terms.

The court was required to decide whether the agreement was genuinely a collective bargaining outcome and whether it had been made without coercion or undue influence. Additionally, the court needed to assess whether the agreement contained terms that were fair and reasonable, including those related to wages, conditions, and dispute resolution mechanisms. The court also had to consider whether the agreement provided for the proper representation of employees and whether it was consistent with the objectives of the Fair Work Act.

The Fair Work Commission found that the agreement was indeed a genuine product of collective bargaining, free from coercion or undue influence. The court considered the evidence provided by both parties and determined that the terms of the agreement were fair and reasonable. The agreement included provisions for wages, conditions, and dispute resolution, which were consistent with the objectives of the Fair Work Act. The court concluded that the agreement was in the best interests of the employees and approved the Parklands Christian College Collective Enterprise Agreement 2013.

The Fair Work Commission's final order was the approval of the agreement, which was to be registered with the Fair Work Commission. The agreement was to apply to the employees of Parklands Christian College and would govern their employment terms and conditions until the next scheduled review or termination. The court's decision provided clarity and certainty for both the union and the college, ensuring that the agreement met all statutory requirements and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established