Independent Education Union of Australia NSW/ACT Branch

[2013] FWCA 5828

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
(AG2013/8031)

GOONELLABAH PRE SCHOOL KINDERGARTEN INC TEACHERS AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 16 AUGUST 2013

Application for approval of the Goonellabah Pre School Kindergarten Inc Teachers Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goonellabah Pre School Kindergarten Inc Teachers Agreement 2013 (“the Agreement”). The application has been made by the Independent Education Union of Australia NSW/ACT Branch (“IEU”), as 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. Goonellabah Pre-School Inc. 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. I note there is a typographical error in the Agreement regarding the specific nominal expiry date. After hearing submissions from the parties, I note the nominal expiry date is 31 January 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Independent Education Union of Australia NSW/ACT Branch concerns an application for the approval of the Goonellabah Pre School Kindergarten Inc Teachers Agreement 2013. The dispute was heard in the Fair Work Commission. The primary issue before the court was whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. This included assessing whether the agreement fairly reflected the terms and conditions of employment for the kindergarten teachers, and whether it complied with the requirements for industrial awards and agreements.

The court examined the provisions of the proposed agreement, particularly focusing on the fairness and reasonableness of the terms and conditions. It considered whether the agreement provided adequate protections for the teachers, including provisions for pay rates, hours of work, leave entitlements, and other employment conditions. The court also evaluated whether the agreement was consistent with the principles of the Fair Work Act, such as ensuring that employees were not disadvantaged compared to those covered by relevant industrial awards. Ultimately, the court needed to determine if the agreement met the legal standards for approval, considering both the substantive content and procedural aspects of the application.

After careful consideration of the arguments presented by both parties, the court found that the proposed agreement met the necessary legal standards for approval. The court concluded that the agreement provided fair and reasonable terms and conditions for the kindergarten teachers, and that it complied with the requirements of the Fair Work Act. The court also noted that the agreement had been developed through a fair and transparent process, with adequate consultation between the union and the employer. Therefore, the application for approval was successful, and the Goonellabah Pre School Kindergarten Inc Teachers Agreement 2013 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established