Independent Education Union of Australia Summary

[2013] FWCA 3438

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/1255)

CHARLEVILLE KINDERGARTEN ASSOCIATION INC COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Charleville Kindergarten Association Inc 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. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 7 June 2013. The nominal expiry date of the agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia (the applicant) sought approval of the Charleville Kindergarten Association Inc Collective Agreement 2013 (the Agreement) from the Fair Work Commission (the Commission). The Charleville Kindergarten Association Inc (the employer) opposed the application, contending that the Agreement was not appropriately negotiated and failed to meet the requirements for approval under the Fair Work Act 2009. The matter was heard in the Commission's Brisbane regional office.

The key legal issue before the Commission was whether the Agreement had been appropriately negotiated and met the criteria for approval under the Fair Work Act. The employer argued that the Agreement was not genuinely negotiated and did not comply with the statutory requirements, particularly concerning the proper representation of employees and the negotiation process. The applicant contended that the Agreement was fairly negotiated and met all necessary criteria for approval.

The Commission found that the Agreement was genuinely negotiated and met all the statutory requirements for approval. It was satisfied that the negotiation process was conducted appropriately and that the Agreement represented the collective interests of the employees. The employer's contention that the Agreement was not properly negotiated was dismissed as there was sufficient evidence to support that the negotiation process was conducted in good faith and involved the appropriate representation of the employees. The Commission approved the Agreement as meeting the requirements of the Fair Work Act.

The Commission approved the Charleville Kindergarten Association Inc Collective Agreement 2013 and directed that it be registered. The employer's objections were dismissed, and the applicant's application for approval was granted. The employer was ordered to comply with the terms of the approved 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