Independent Education Union of Australia

[2013] FWCA 1573

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/573)

COLLINSVILLE & SCOTTVILLE COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 14 MARCH 2013

Application for approval of the Collinsville & Scottville Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Collinsville & Scottville 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 21 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 Independent Education Union of Australia brought an application before the Fair Work Commission for the approval of the Collinsville & Scottville Community Kindergarten Early Childhood Education Enterprise Agreement 2013. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, thereby providing it with the force of law. The primary dispute centred on whether the agreement met the necessary criteria for registration, including its compliance with minimum employment standards and provisions for employee representation.

The Fair Work Commission was tasked with determining whether the agreement was a "good faith" agreement and whether it provided for fair and reasonable terms and conditions for employees. This involved examining the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission also needed to ensure that the agreement did not unfairly discriminate against any class of employees and that it allowed for appropriate employee representation mechanisms.

In its decision, the Fair Work Commission found that the Collinsville & Scottville Community Kindergarten Early Childhood Education Enterprise Agreement 2013 was a bona fide agreement made in good faith. The Commission concluded that the agreement provided for fair and reasonable terms and conditions that complied with the minimum standards set out in the Fair Work Act. Furthermore, the agreement included provisions for employee representation and did not unfairly discriminate against any class of employees. Consequently, the Commission approved the agreement for registration, and it became legally binding on the parties involved.

The Commission's approval of the agreement was a final determination, and no further appeal was permitted. The agreement, once registered, would serve as the basis for employment terms and conditions between the Independent Education Union of Australia and the Collinsville & Scottville Community Kindergarten, ensuring that both parties abide by its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established