Independent Education Union of Australia

[2013] FWCA 6035

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/1704)

NOOSA PENGARI STEINER SCHOOL COLLECTIVE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 22 AUGUST 2013

Application for approval of the Noosa Pengari Steiner School Collective Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Noosa Pengari Steiner School Collective 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-Queensland and Northern Territory Branch.

[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] On 19 August 2013 undertakings were provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Independent Education Union of Australia, who sought approval of the Noosa Pengari Steiner School Collective Enterprise Agreement 2013. The agreement, if approved, would govern the employment conditions of the school's staff. The dispute centred on whether the agreement met the necessary legal standards for approval under the applicable industrial relations laws. The case was heard in the Fair Work Commission of Australia, which is responsible for overseeing and approving enterprise agreements in the country.

The court was required to determine whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it covered a relevant group of employees, and whether it provided for the fair and reasonable terms and conditions of employment. Additionally, the court needed to ensure that the agreement did not undermine the safety and health of employees or the broader community.

The Fair Work Commission found that the Noosa Pengari Steiner School Collective Enterprise Agreement 2013 was compliant with the necessary legal standards. The court confirmed that the agreement was made in good faith and covered a relevant group of employees. It was also found that the agreement provided for fair and reasonable terms and conditions of employment and did not undermine the safety and health of employees or the broader community. Consequently, the court approved the agreement, allowing it to come into effect and govern the employment conditions of the school's staff.

The Fair Work Commission ordered the approval of the Noosa Pengari Steiner School Collective Enterprise Agreement 2013, confirming its compliance with the necessary legal standards. The agreement was to be registered and would govern the employment conditions of the school's staff from the date of approval. This decision provided clarity and certainty for both the Independent Education Union of Australia and the Noosa Pengari Steiner School regarding the terms and conditions of employment for the staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established