Independent Education Union of Australia v Australian International Academy of Education Inc [2016] FCA 140

Independent Education Union of Australia v Australian International Academy of Education Inc [2016] FCA 140

The respondent contravened cl 10.2(c) and cl 10.6 of the Educational Services (Teachers) Award 2010 by failing to state the required reason for fixed-term employment in appointment letters and by employing more fixed-term teachers than permitted. The respondent intentionally hindered and obstructed permit-holders exercising rights under Part 3-4 of the Fair Work Act 2009 by manipulating contract records and refusing access to electronic records, thereby contravening ss 482(3) and 502(1). Fair Work Australia orders permitting inspection of electronic records were valid.

Jurisdiction
Australia
Judgment Date
25 February 2016
Procedural Posture
Civil / Final Trial Judgment and Orders
Outcome
Contraventions established; parties to be heard as to final orders.
Legal Topics
['modern Award Compliance' 'fixed Term Employment' 'right of Entry' 'inspection of Employment Records' 'obstruction of Permit Holder' 'fair Work Act Obligations']
['employment Law' 'industrial Law'] ['modern Award Compliance' 'fixed Term Employment' 'right of Entry' 'inspection of Employment Records' 'obstruction of Permit Holder' 'fair Work Act Obligations']

Case Brief

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Procedural Posture

Civil / Final Trial Judgment and Orders

Legal Issues

  1. 1 ['Whether letters of appointment complied with award by stating reason for fixed-term employment' 'Whether school employed more fixed-term teachers than allowed by Educational Services (Teachers) Award 2010' "Whether employer hindered or obstructed permit-holders' right of entry" 'Whether permit-holders were entitled to inspection of electronic records' 'Validity of Fair Work Australia orders under s 483AA']

Ratio Decidendi

The respondent contravened cl 10.2(c) and cl 10.6 of the Educational Services (Teachers) Award 2010 by failing to state the required reason for fixed-term employment in appointment letters and by employing more fixed-term teachers than permitted. The respondent intentionally hindered and obstructed permit-holders exercising rights under Part 3-4 of the Fair Work Act 2009 by manipulating contract records and refusing access to electronic records, thereby contravening ss 482(3) and 502(1). Fair Work Australia orders permitting inspection of electronic records were valid.

Court Disposition

Contraventions established; parties to be heard as to final orders.

Orders

  • ["The proceeding is listed at 9:30 am on 4 March 2016 to receive parties' submissions on the form of orders appropriate to give effect to the reasons published."]