Independent Education Union of Australia

[2013] FWCA 416

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2012/13186)

BEAUDESERT COMMUNITY KINDERGARTEN COLLECTIVE AGREEMENT 2012

Educational services
COMMISSIONER RIORDAN	SYDNEY, 18 JANUARY 2013

Application for approval of the Beaudesert Community Kindergarten Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Beaudesert Community Kindergarten 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 - Queensland and Northern Territory Branch (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 - Queensland and Northern Territory 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 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Independent Education Union of Australia and the Beaudesert Community Kindergarten, where the dispute centred on the approval of the Beaudesert Community Kindergarten Collective Agreement 2012. The Union sought the Commission's endorsement of the agreement, which it had negotiated with the Kindergarten. The Kindergarten, however, contested the application, arguing that certain provisions within the agreement did not comply with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the legislative criteria for approval.

The legal issues that the Commission had to address included whether the agreement was genuinely negotiated and whether it contained the required minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the Commission needed to assess whether any terms in the agreement were inconsistent with the Act or public policy. The Union argued that the agreement was fairly negotiated and contained all the necessary minimum terms, while the Kindergarten contended that some provisions did not comply with the Act and were against public policy.

In its decision, the Commission found that the agreement had been genuinely negotiated and contained the required minimum terms and conditions. It also concluded that none of the terms were inconsistent with the Fair Work Act or public policy. The Commission acknowledged the efforts made by both parties to reach a fair and reasonable agreement that met the statutory requirements. Consequently, the Commission approved the Beaudesert Community Kindergarten Collective Agreement 2012, dismissing the Kindergarten's objections.

The Fair Work Commission's final orders were that the Beaudesert Community Kindergarten Collective Agreement 2012 be approved, and that it be registered with the Commission. This decision confirmed the agreement's validity and effectiveness, ensuring that it would govern the employment relationship between the Union and the Kindergarten going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established