Independent Education Union of Australia-South Australia Branch Summary

[2013] FWCA 245

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia-South Australia Branch
(AG2012/14268)

INDEPENDENT EDUCATION UNION (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2012

Clerical industry
COMMISSIONER HAMPTON	ADELAIDE, 14 JANUARY 2013

Application for approval of the Independent Education Union (South Australia) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Independent Education Union (South Australia) 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-South Australia Branch. 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 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia-South Australia Branch sought approval of the Independent Education Union (South Australia) Enterprise Agreement 2012. The respondents to the application were various independent schools employing teachers who were members of the union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including provisions concerning the nature of the agreement, the process by which it was made, and its compliance with the terms of the Act.

The legal issues before the Commission included whether the agreement was a "registered agreement" as defined in the Fair Work Act, and if it had been appropriately negotiated and agreed upon. The Commission also had to consider whether the agreement contained appropriate mechanisms for resolving disputes and whether it provided adequate protections for employees. Additionally, the Commission assessed if the agreement adequately covered the terms and conditions of employment as required by the Act.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that had been made in accordance with the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith and that it contained appropriate dispute resolution mechanisms and protections for employees. The Commission concluded that the agreement met the statutory requirements and approved it. The final orders included the registration of the Independent Education Union (South Australia) Enterprise Agreement 2012, which is now binding on the parties involved.

Independent Education Union of Australia-South Australia Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established