Kirinari Community School Incorporated Summary

[2013] FWCA 3825

FAIR WORK COMMISSION

DECISION

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

Kirinari Community School Incorporated
(AG2013/6472)

KIRINARI COMMUNITY SCHOOL INC ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER STEEL	ADELAIDE, 17 JUNE 2013

Application for approval of the Kirinari Community School Inc. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kirinari Community School Inc Enterprise Agreement 2013 (the Agreement). The application was made 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 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (SA) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) of the Act I note that the Agreement covers that organisation.

[4] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of the relevant Modern Awards, provisions of former NAPSA’s and the provisions of any future agreements. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 24 June 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Kirinari Community School Incorporated, sought approval for the Kirinari Community School Inc. Enterprise Agreement 2013, which sought to govern the terms and conditions of employment for its staff. The application was made to the Fair Work Commission, which was required to determine whether the agreement was suitable for approval under the Fair Work Act 2009. The nature of the dispute was whether the proposed agreement met the legal standards for approval, particularly concerning the fairness and compliance with the Act's provisions.

The legal issues before the court centred on whether the agreement adequately addressed the entitlements and obligations of the employees, and if it complied with the procedural requirements for the approval of enterprise agreements. The court had to consider the specific provisions of the Fair Work Act 2009, including the requirement for the agreement to provide for the terms and conditions of employment, and whether the process of negotiation and consultation was fair and transparent. Additionally, the court examined whether the agreement provided for appropriate mechanisms to ensure compliance and address disputes.

The Fair Work Commission, after reviewing the agreement and the evidence presented, determined that the agreement was fair and met the statutory requirements for approval. The court found that the agreement provided for appropriate terms and conditions of employment, included necessary procedural safeguards, and was the product of genuine bargaining. The Commission concluded that the agreement did not exhibit any unfairness that would warrant refusal of approval. Consequently, the court approved the agreement under the Act.

The final orders of the court were that the Kirinari Community School Inc. Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The approval was contingent upon the agreement being registered with the Fair Work Commission within the prescribed timeframe.

Kirinari Community School Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established