Independent Education Union of Australia

[2013] FWCA 3220

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/1216)

CALOUNDRA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 23 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Caloundra 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 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 30 March 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 matter before the Fair Work Commission concerned an application for approval of the Caloundra Community Kindergarten Early Childhood Education Enterprise Agreement 2013. The applicant, Independent Education Union of Australia, sought approval of the agreement under section 231 of the Fair Work Act 2009. The application was brought before the Commission to determine if the agreement met the criteria for registration, including whether it provided for fair and reasonable terms and conditions, and if it had been negotiated in good faith.

The primary legal issue the Commission had to address was whether the agreement met the requirements set out in the Fair Work Act. This included verifying if the agreement contained appropriate terms and conditions that were fair and reasonable, and whether the negotiation process adhered to the principles of good faith. The Commission also had to consider if there were any provisions in the agreement that might unfairly disadvantage employees or employers, and if the agreement covered all necessary aspects as stipulated by the Act.

The Fair Work Commission found that the agreement did indeed meet the statutory requirements for approval. The Commission concluded that the terms and conditions of the agreement were fair and reasonable, and that the negotiation process had been conducted in good faith. The Commission also determined that the agreement did not contain any provisions that would unfairly disadvantage either party, and that it adequately covered all necessary aspects as required by the Act. Therefore, the Commission approved the application for registration of the Caloundra Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

As a result of the Commission's decision, the Caloundra Community Kindergarten Early Childhood Education Enterprise Agreement 2013 was approved and registered under the Fair Work Act. This registration means that the terms and conditions outlined in the agreement will be legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established