Independent Education Union of Australia

[2013] FWCA 4958

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/1604)

CHURCH STREET KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 22 JULY 2013

Application for approval of the Church Street Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Church Street Kindergarten & Preschool Early Childhood Education 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.

[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 29 July 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 applicant, the Independent Education Union of Australia, sought approval of the Church Street Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2013. The respondent, the Church Street Kindergarten & Preschool, was the employer party in the agreement. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed agreement was in accordance with the relevant federal workplace laws and met the requirements for approval. Specifically, the Commission needed to determine if the agreement satisfied the minimum terms and conditions set out in the Fair Work Act 2009, and if it was made in good faith.

The Commission found that the agreement was generally consistent with the Fair Work Act. The applicant argued that the agreement provided appropriate terms and conditions for the employees, and that it was made in good faith. The respondent did not challenge these assertions. The Commission noted that the agreement included provisions that met or exceeded the minimum standards, and there was no evidence to suggest that the agreement was not made in good faith. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Church Street Kindergarten & Preschool Early Childhood Education Enterprise Agreement 2013. The Commission determined that the agreement met the statutory requirements and was made in good faith, and therefore granted the application for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established