Independent Education Union of Australia Summary

[2013] FWCA 2062

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/5720)

BLAYNEY PRE SCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2013.

Educational services
COMMISSIONER RIORDAN	SYDNEY, 5 APRIL 2013

Agreement approved Application for approval of the Blayney Pre School Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Blayney Pre School Employee 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 Applicant). 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 relevant to this application for approval have been met.

[3] The Independent Education Union of Australia NSW/ACT Branch (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is three years from approval.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Blayney Pre School Employee Collective Agreement 2013. The employer, Blayney Pre School, opposed the application on various grounds, including the failure of the agreement to meet minimum standards under the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the requirements for approval under the Act. This involved examining if the agreement met the minimum standards for terms and conditions, including minimum wages, penalty rates, leave entitlements, and other employment conditions.

The Commission examined the agreement clause by clause, considering whether each term met or exceeded the minimum standards set out in the relevant awards and the National Employment Standards. Key areas of focus included the agreement's provisions on wages, penalty rates, leave entitlements, and other employment conditions. The Commission determined that while most terms of the agreement met or exceeded the minimum standards, some provisions did not comply with the Act. Specifically, the agreement failed to adequately address the calculation of penalty rates for certain types of work performed by employees. The Commission held that these deficiencies rendered the agreement invalid as it did not fully comply with the statutory minimum standards.

Consequently, the Commission did not approve the agreement. The employer and the union were directed to negotiate a revised agreement that met all the requirements of the Act. The Commission provided detailed guidance on the necessary amendments to ensure compliance with the minimum standards. This decision underscores the importance of ensuring that all terms of an employment agreement adhere strictly to the statutory minimum standards, as any failure to do so can result in the agreement being deemed invalid and not approved.

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