Independent Education Union of Australia

[2013] FWCA 1576

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/510)

BALONNE KINDERGARTEN ASSOCIATION INC. COLLECTIVE AGREEMENT 2012

Educational services
COMMISSIONER SIMPSON	BRISBANE, 14 MARCH 2013

Application for approval of the Balonne Kindergarten Association Inc. Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Balonne Kindergarten Association Inc. Collective Agreement 2012.(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 case involves the Independent Education Union of Australia and the Balonne Kindergarten Association Inc., which sought approval for their 2012 collective agreement. The application was heard in the Fair Work Commission, which is responsible for regulating industrial relations in Australia. The union and the association were seeking the Commission's approval of the collective agreement, which outlines the terms and conditions of employment for workers within the association.

The central legal issue before the Commission was whether the collective agreement complied with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the requirements for "good faith" bargaining and whether it provided for the "proper" regulation of the terms and conditions of employment. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with any relevant awards or other industrial instruments.

The Commission found that the collective agreement was the product of good faith bargaining between the union and the association. The agreement was deemed to provide for the proper regulation of the terms and conditions of employment, as it covered a range of issues including wages, hours of work, and leave entitlements. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The Commission also found that the agreement complied with any relevant awards or other industrial instruments.

The Commission approved the collective agreement, subject to certain conditions and modifications. The conditions and modifications were aimed at ensuring that the agreement complied with the Fair Work Act and provided for the proper regulation of the terms and conditions of employment. The union and the association were required to implement the approved agreement within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established