Independent Education Union of Australia

[2013] FWCA 7420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/9150)

RAYMOND TERRACE EARLY EDUCATION CENTRE INC. TEACHER’S EARLY CHILDHOOD SERVICES COLLECTIVE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 25 SEPTEMBER 2013

Application for approval of the Raymond Terrace Early Education Centre Inc. Teacher’s Early Childhood Services Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Raymond Terrace Early Education Centre Inc. Teacher’s Early Childhood Services Collective 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] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from Independent Education Union of Australia. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2013. The nominal expiry date of the Agreement is 1 October 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Independent Education Union of Australia, which sought approval of the Raymond Terrace Early Education Centre Inc. Teacher’s Early Childhood Services Collective Agreement 2013. The Union argued that the agreement, which established terms and conditions for teachers, was necessary and appropriate for the operation of the early education centre. The case was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a genuine agreement reached in good faith, and if it provided for the efficient, productive, and harmonious operation of the workplace. The Union had to demonstrate that the agreement was consistent with the principles of the national workplace relations system.

The Fair Work Commission found that the agreement was a genuine agreement reached in good faith and provided for the efficient, productive, and harmonious operation of the workplace. The court held that the agreement met all the statutory requirements for approval and was consistent with the principles of the national workplace relations system. The Union's arguments were persuasive, and the court approved the agreement.

The Fair Work Commission approved the Raymond Terrace Early Education Centre Inc. Teacher’s Early Childhood Services Collective Agreement 2013. The court's decision provided clarity on the requirements for approving such agreements and reinforced the importance of good faith bargaining in the workplace. The Union's submission was successful, and the agreement was now legally binding on the parties.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established