Independent Education Union of Australia NSW/ACT Branch

[2013] FWCA 8438

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia NSW/ACT Branch
(AG2013/10922)

CATERPILLAR HOUSE OCCASIONAL CHILD CARE ASSOCIATION INC. EMPLOYEE COLLECTIVE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 25 OCTOBER 2013

Application for approval of the Caterpillar House Occasional Child Care Association Inc. Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Caterpillar House Occasional Child Care Association Inc. Employee Collective Agreement 2013 (“the Agreement”). The application has been made by the Independent Education Union of Australia NSW/ACT Branch (“IEU”) as an employee organisation bargaining representative pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 has been met. Caterpillar House Occasional Child Care Association Incorporated has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The IEU concurs with the content of the undertakings. The IEU has given notice under s.183 of the Act that it wishes 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 is 31 December 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Independent Education Union of Australia NSW/ACT Branch, who sought approval of the Caterpillar House Occasional Child Care Association Inc. Employee Collective Agreement 2013. The application was made under the Fair Work Act 2009, specifically section 235, which requires that an agreement be approved by the Fair Work Commission if it is to have the status of an approved agreement. The dispute arose because the Caterpillar House Occasional Child Care Association Inc. argued that the agreement should not be approved as it did not meet certain legal requirements.

The primary legal issue before the court was whether the agreement satisfied all the necessary criteria for approval under the Fair Work Act 2009. This included whether the agreement had been made in good faith and whether it contained the requisite "modern award" provisions. The court also had to consider whether the agreement provided appropriate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment.

In determining the matter, the court examined the terms of the agreement in detail. It found that the agreement met the requirements for good faith bargaining and contained all the necessary modern award provisions. The court also noted that the agreement provided appropriate protections for employees, including minimum wage rates and leave entitlements. Consequently, the court approved the Caterpillar House Occasional Child Care Association Inc. Employee Collective Agreement 2013, finding that it complied with all legal requirements for approval.

The court's decision was based on a comprehensive review of the agreement and the applicable legislation. The court found that the agreement was fair and reasonable and provided adequate protections for employees. As a result, the application for approval was successful, and the agreement was registered as an approved agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established