Independent Education Union of Australia

[2013] FWCA 4602

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/6814)

NORTH RYDE COMMUNITY PRESCHOOL INC. EMPLOYEE'S COLLECTIVE AGREEMENT 2013

Children's services
DEPUTY PRESIDENT BOOTH	SYDNEY, 10 JULY 2013

Application for approval of the North Ryde Community Preschool Inc. Employee's Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the North Ryde Community Preschool Inc. Employee's Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch. The agreement is a single-enterprise agreement.

[2] The Independent Education Union of Australia-New South Wales/Australian Capital Territory 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 the organisation.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

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 seeking approval of the North Ryde Community Preschool Inc. Employee's Collective Agreement 2013. The union argued that the agreement complied with the relevant legislative and regulatory provisions. The employer, North Ryde Community Preschool Inc., contested the application, asserting that the agreement did not meet the necessary standards for approval.

The central legal issues before the commission were whether the agreement was a genuine agreement reached by the union and the employer, whether it was fairly negotiated, and whether it complied with the provisions of the Fair Work Act 2009. The commission needed to examine the negotiation process, the content of the agreement, and its conformity with the applicable standards.

In its decision, the commission found that the agreement had been genuinely negotiated and fairly reached between the parties. The commission noted that the union and the employer had engaged in a comprehensive negotiation process that involved multiple meetings and discussions. The commission also found that the content of the agreement complied with the relevant provisions of the Fair Work Act 2009, including those relating to minimum entitlements, dispute resolution, and procedural fairness. The commission was satisfied that the agreement met the necessary standards for approval and granted the application.

The commission ordered that the North Ryde Community Preschool Inc. Employee's Collective Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now be binding on the employer and the union's members, providing them with a clear framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established