Independent Education Union of Australia Summary

[2013] FWCA 564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2012/13188)

TOOGOOLAWAH KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2012

Educational services
COMMISSIONER ROBERTS	SYDNEY, 24 JANUARY 2013

Application for approval of the Toogoolawah Kindergarten Early Childhood Education Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Toogoolawah Kindergarten Early Childhood Education Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia. The agreement is a single-enterprise agreement.

[2] On 23 January 2013 an undertaking was provided by Ms A Roughan, the Committee President of Toogoolawah Kindergarten Association Inc (the Kindergarten), in relation to clause 1.8 (Dispute Resolution) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Kindergarten. The undertaking is taken to be a term of the agreement and a copy is attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Independent Education Union of Australia - Queensland and Northern Territory Branch, 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval of the Toogoolawah Kindergarten Early Childhood Education Enterprise Agreement 2012. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute arose from negotiations between the Union and the Kindergarten management over the terms and conditions of employment for early childhood educators.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act, including whether it provided for minimum terms and conditions, did not include prohibited content, and was not contrary to the public interest. Additionally, the Commission needed to determine if the agreement adequately represented the interests of the employees and whether the negotiation process was fair and in good faith.

In considering these issues, the Commission examined the negotiation process and the contents of the agreement. It found that the negotiation process was conducted in good faith and that the agreement provided for minimum terms and conditions that were not less favourable than the relevant awards or the National Employment Standards. The Commission also concluded that the agreement did not include any prohibited content and was not contrary to the public interest. The Commission approved the agreement, finding it to be in the best interests of the employees.

The Fair Work Commission approved the Toogoolawah Kindergarten Early Childhood Education Enterprise Agreement 2012. The Commission found that the agreement met all statutory requirements for approval and represented the interests of the employees. The approval ensures that the terms and conditions of employment for early childhood educators at the Kindergarten are governed by the agreed-upon agreement rather than the relevant awards.

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