Independent Education Union of Australia

[2013] FWCA 6456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/8676)

GRIFFITH EAST PRE SCHOOL INC. TEACHERS COLLECTIVE AGREEMENT 2013

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 2 SEPTEMBER 2013

Application for approval of the Griffith East Pre School Inc Teachers Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Griffith East Pre School Inc Teachers 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] 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 (NSW/ACT 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2013. The nominal expiry date of the Agreement is 31 December 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Independent Education Union of Australia (IEUA) and Griffith East Pre School Inc. The dispute centres around the application for approval of the Griffith East Pre School Inc Teachers Collective Agreement 2013. The case was heard in the Fair Work Commission of Australia. The IEUA applied for the approval of the collective agreement, which was entered into between the union and the pre-school, aiming to regulate the terms and conditions of employment for teachers at the pre-school.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement was made in good faith, if it complied with the relevant provisions of the Act, and if it was in the best interests of the employees. Additionally, the Commission considered whether the agreement was consistent with the objectives of the Fair Work Act, such as facilitating a cooperative workplace and promoting high standards of employment.

The Commission found that the agreement was made in good faith and complied with the statutory requirements for approval. The agreement was deemed to be in the best interests of the employees, as it provided them with fair and reasonable terms of employment. The Commission also concluded that the agreement was consistent with the objectives of the Fair Work Act, promoting a cooperative workplace and high standards of employment. As a result, the Commission approved the Griffith East Pre School Inc Teachers Collective Agreement 2013.

The Fair Work Commission approved the Griffith East Pre School Inc Teachers Collective Agreement 2013, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The agreement was made in good faith, complied with the Act, and was in the best interests of the employees. Furthermore, the agreement was consistent with the objectives of the Act, facilitating a cooperative workplace and promoting high standards of employment. The approval of the agreement ensures that the teachers at Griffith East Pre School Inc have fair and reasonable terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established