Independent Education Union of Australia

[2013] FWCA 7922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/9657)

WAGNER ROAD KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 9 OCTOBER 2013

Application for approval of the Wagner Road Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wagner Road Kindergarten Early Childhood Education 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 16 October 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 Independent Education Union of Australia filed an application for the approval of the Wagner Road Kindergarten Early Childhood Education Enterprise Agreement 2013. The matter was heard in the Fair Work Commission. The dispute centred on the provisions of the proposed enterprise agreement, specifically those relating to the employment terms and conditions of the kindergarten staff. The union sought to ensure that the agreement met the legal requirements under the Fair Work Act 2009 and that it was in the best interest of the employees.

The court had to determine whether the proposed agreement was fair and reasonable, taking into account the balance of the rights and interests of the employees and employers. This involved assessing whether the agreement contained minimum entitlements as prescribed by the Fair Work Act and whether it complied with other relevant legislative provisions. Additionally, the court had to consider whether the agreement had been made in good faith and whether it provided for a proper process for resolving disputes.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable, meeting the necessary legal requirements. The commission noted that the agreement included all the prescribed minimum entitlements and adhered to the provisions of the Fair Work Act. Furthermore, the agreement was found to have been made in good faith and provided an effective mechanism for resolving disputes. Consequently, the commission approved the Wagner Road Kindergarten Early Childhood Education Enterprise Agreement 2013.

The final orders of the commission included the approval of the agreement, which would now apply to the employees of Wagner Road Kindergarten as per the terms outlined in the document. The agreement was set to commence on the date of the commission's decision, ensuring that the employment terms and conditions of the staff were legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established