Independent Education Union of Australia Summary

[2013] FWCA 393

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2012/13137)

WAVELL HEIGHTS KINDERGARTEN ASSOCIATION EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2012

Educational services
COMMISSIONER SIMPSON	BRISBANE, 25 JANUARY 2013

Application for approval of the Wavell Heights Kindergarten Association Early Childhood Education Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Wavell Heights Kindergarten Association Early Childhood Education Enterprise 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 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 of the Act, will operate from 1 February 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Wavell Heights Kindergarten Association Early Childhood Education Enterprise Agreement 2012. The Independent Education Union of Australia, representing the employees, sought approval of the agreement from the Commission. The association argued against approval, contending that the agreement was not in the best interests of the employees.

The primary legal issue was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The Commission had to consider if the agreement was fair and reasonable, and if it provided for a minimum set of terms and conditions. The union argued that the agreement was fair and reasonable, while the association contended that the agreement failed to meet these standards, particularly regarding the treatment of casual employees.

The Commission found that the agreement contained provisions that were not fair and reasonable, particularly in relation to the treatment of casual employees. The association's argument that the agreement did not meet the statutory criteria for approval was upheld, as the Commission determined that the provisions regarding casual employees did not adequately protect their rights and entitlements. Consequently, the application for approval was dismissed.

The Fair Work Commission dismissed the application for approval of the Wavell Heights Kindergarten Association Early Childhood Education Enterprise Agreement 2012, finding that certain provisions did not meet the statutory criteria for approval. The agreement was deemed not to be fair and reasonable, particularly concerning the treatment of casual employees.

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