Independent Education Union of Australia Summary

[2013] FWCA 6452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2013/8530)

FAIRFIELD NURSERY SCHOOL INC. EMPLOYEES COLLECTIVE AGREEMENT

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

Application for approval of the Fairfield Nursery School Inc. Employees Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fairfield Nursery School Inc. Employees 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 30 June 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval for the Fairfield Nursery School Inc. Employees Collective Agreement 2013 in the Fair Work Commission. The application was made under the Fair Work Act 2009, and the respondents were the employer, Fairfield Nursery School Inc., and the employer’s representative, Mr. Smith. The primary dispute centred on whether the proposed agreement met the legal criteria for approval and whether it complied with the relevant provisions of the Act and the Fair Work Regulations 2009.

The court was tasked with determining whether the agreement adequately addressed the terms and conditions of employment, including wages, hours of work, and other employment-related matters, in a manner consistent with the legislative framework. The court also had to consider whether the agreement was fairly negotiated and whether it complied with the requirements for direct registration. Additionally, the court examined whether the agreement included provisions for dispute resolution and if it was consistent with the broader objectives of the Fair Work Act.

The court found that the agreement was fairly negotiated and met the statutory requirements for approval. It determined that the agreement included necessary provisions for wages, hours of work, and other employment-related terms and conditions. The court also noted that the agreement contained appropriate mechanisms for dispute resolution and was consistent with the objectives of the Fair Work Act. Consequently, the court granted approval for the agreement, subject to certain conditions, ensuring compliance with the relevant legislative provisions.

The final orders included the approval of the Fairfield Nursery School Inc. Employees Collective Agreement 2013, subject to the conditions specified by the court. The agreement was to be registered with the Fair Work Commission, and the respondents were directed to implement the approved terms and conditions as per the agreement.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established