Independent Education Union of Australia-Queensland and Northern Territory Branch Summary

[2014] FWCA 571

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia-Queensland and Northern Territory Branch
(AG2013/10251)

HILLS INTERNATIONAL COLLEGE - UNION COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 JANUARY 2014

Application for approval of the Hills International College - Union Collective Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Hills International College - Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia.

[2] On the basis of the material before me, 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] On 23 January 2014, undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 31 January 2014. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia-Queensland and Northern Territory Branch and Hills International College. The union sought approval of the 2013 Union Collective Agreement for employees at the college. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009, ensuring it met the criteria for certification, including that it did not include prohibited content, and that it was made in good faith. The central issues before the Commission were whether the agreement was genuinely negotiated and whether it contained any terms that contravened the Act.

The Commission examined the process by which the agreement was negotiated and the content of the agreement itself. It was found that the negotiation process was genuine and that the agreement was made in good faith. The Commission further determined that the agreement did not include any terms that were prohibited under the Fair Work Act, nor did it contain any content that would render it invalid. The agreement addressed various employment conditions, including wages, working hours, leave entitlements and other employment-related matters. All provisions were found to be within the permissible scope of the Act.

In light of these findings, the Commission approved the 2013 Union Collective Agreement between the Independent Education Union of Australia-Queensland and Northern Territory Branch and Hills International College. The agreement was deemed to comply with all legal requirements and was certified as valid. The approval meant that the terms and conditions set out in the agreement would govern the employment of the college’s staff, providing a legally binding framework for their working relationship with the union.

Independent Education Union of Australia-Queensland and Northern Territory Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established