Independent Education Union of Australia

[2013] FWCA 6349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2013/2196)

CLONCURRY KINDERGARTEN ASSOCIATION INC COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 29 AUGUST 2013

Application for approval of the Cloncurry Kindergarten Association Inc Collective Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Cloncurry Kindergarten Association Inc Collective 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.

[2] On the basis of the material before me, 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 it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 September 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application before the Fair Work Commission to approve the Cloncurry Kindergarten Association Inc Collective Agreement 2013. The application was made under section 235 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered agreement. The dispute centred on the terms and conditions of employment for employees of the Cloncurry Kindergarten Association, and whether the proposed agreement complied with the requirements of the Fair Work Act.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it complied with the provisions of the Fair Work Act, and whether it was in the best interests of the employees. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including matters such as minimum wages, penalty rates, leave entitlements, and other employment conditions. The Commission also had to consider whether the agreement provided for an appropriate process for the resolution of disputes between the employer and employees.

After considering the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission approved the Cloncurry Kindergarten Association Inc Collective Agreement 2013 as a registered agreement, and it will now be binding on the parties from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established