Independent Education Union of Australia

[2013] FWCA 6625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/8644)

GAMUMBI EARLY EDUCATION CENTRE INC EMPLOYEE COLLECTIVE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Gamumbi Early Education Centre Inc Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gamumbi Early Education Centre Inc Employee 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 Gamumbi Early Education Centre Inc. 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 (NSW/ACT Branch) being bargaining representatives 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 12 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Gamumbi Early Education Centre Inc Employee Collective Agreement 2013 by the Independent Education Union of Australia. The dispute arose when the union sought to have the agreement approved under the Fair Work Act 2009, and the employer, Gamumbi Early Education Centre Inc, contested certain provisions of the agreement.

The central legal issue was whether the provisions of the proposed collective agreement were consistent with the requirements of the Fair Work Act, particularly in relation to the terms and conditions of employment, including wages, hours of work, and other workplace entitlements. The employer argued that some provisions were unfair and not in line with the Act, while the union maintained that the agreement was fair and reasonable.

The Fair Work Commission, after carefully reviewing the arguments and evidence presented by both parties, found that several provisions of the agreement were not compliant with the Fair Work Act. The Commission determined that these provisions could potentially undermine the fundamental rights and protections afforded to employees under the Act. Consequently, the Commission rejected the employer's application for approval of the collective agreement. The decision emphasised the importance of ensuring that any collective agreement aligns with the statutory protections and obligations set out in the Fair Work Act.

The Commission did not approve the Gamumbi Early Education Centre Inc Employee Collective Agreement 2013. It directed the parties to negotiate in good faith to address the issues identified and to submit a revised agreement for consideration. This ruling underscores the necessity for collective agreements to be in harmony with the legislative framework governing employment relations in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established