Independent Education Union of Australia

[2013] FWCA 3437

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/1257)

ATHERTON COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the Atherton Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Atherton Community Kindergarten Early Childhood Education Enterprise 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 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 7 June 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Independent Education Union of Australia and the Atherton Community Kindergarten, with the dispute centering on the approval of the Atherton Community Kindergarten Early Childhood Education Enterprise Agreement 2013. The Fair Work Commission was the court that considered the matter. The Union sought approval of the agreement, which had been negotiated between the parties, and which sought to govern the terms and conditions of employment for early childhood educators within the Kindergarten.

The legal issues before the Commission involved the compliance of the agreement with the relevant provisions of the Fair Work Act 2009. The Union argued that the agreement was fair and reasonable and should be approved, while the Kindergarten contended that the agreement contained provisions that were not in line with the statutory requirements. The Commission was required to determine whether the agreement met the criteria for approval under the Act.

In its decision, the Commission noted that the agreement contained several provisions that were not in compliance with the Fair Work Act. However, the Commission found that the agreement was fair and reasonable overall, taking into account the specific circumstances of the parties and the nature of the work being performed. The Commission approved the agreement subject to certain modifications to bring it into compliance with the statutory requirements. The Kindergarten was ordered to implement the modified agreement, and the Union was granted the right to enforce the agreement's terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established