Independent Education Union of Australia

[2013] FWCA 7136 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/9332)

LITTLE SCHOOL PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 18 SEPTEMBER 2013

Application for approval of the Little School Preschool Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Little School Preschool Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2013. The nominal expiry date of the Agreement is 25 September 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Little School Preschool Employee Collective Agreement 2013 in the Fair Work Commission. The Little School, a non-government preschool, operated under a unique structure with an independent governing body, which employed the teachers. The union argued that the agreement, which had been negotiated with the school’s management, should be approved as it met the criteria under the Fair Work Act 2009.

The primary legal issue was whether the collective agreement was properly certified and eligible for approval. The union had to demonstrate that the agreement was a genuine agreement and met the specific criteria for approval. The school’s unique structure, with its independent governing body, raised questions about whether the agreement covered employees in a manner consistent with the Act. The commission had to determine if the agreement was an "independently negotiated agreement" and whether it complied with the requirements for approval.

The Fair Work Commission found that the collective agreement was genuinely negotiated and met the statutory criteria. The court determined that the unique structure of the school did not prevent the agreement from being certified as it involved the genuine negotiation between the union and the school’s management. The commission approved the agreement, confirming that it was an independently negotiated agreement and was therefore eligible for approval under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established