Independent Education Union of Australia

[2013] FWCA 7083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/2773)

KAWANA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDCUATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER ROBERTS	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the Kawana Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kawana Community 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) by 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 is relevant to this application for approval has 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that 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 will be 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the recent matter of Independent Education Union of Australia, the Fair Work Commission was called upon to determine the approval of the Kawana Community Kindergarten Early Childhood Education Enterprise Agreement 2013. The applicants, the Independent Education Union of Australia, sought approval of the agreement, which governs the terms and conditions of employment for employees at Kawana Community Kindergarten. The dispute arose as the union aimed to ensure that the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission encompassed whether the agreement complied with the procedural and substantive requirements set forth by the Fair Work Act. Procedurally, the Commission needed to consider if the union had followed the correct processes in negotiating the agreement. Substantively, the Commission had to examine whether the terms of the agreement were fair and reasonable, taking into account various factors such as the nature of the work, the need for flexibility, and the importance of maintaining a safe and healthy workplace.

The Fair Work Commission, after reviewing the evidence and submissions, found that the negotiation process adhered to the statutory requirements and that the terms of the agreement were fair and reasonable. The Commission noted that the agreement provided for appropriate wage increases, included provisions for parental leave, and maintained a balance between the needs of the employees and the operational requirements of the employer. Consequently, the Commission approved the Kawana Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

The Commission's decision was based on a detailed examination of the negotiation process and the contents of the agreement, ensuring compliance with the Fair Work Act. The approval of the agreement signifies that the union and the employer have reached a mutually acceptable arrangement that is fair and reasonable for the employees. The Commission's decision thus provides certainty and stability in the employment conditions at Kawana Community Kindergarten.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established