Aeiou Pty Ltd T/A Aeiou Foundation Summary

[2025] FWCA 189

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Aeiou Pty Ltd T/A Aeiou Foundation

(AG2024/4950)

AEIOU FOUNDATION ENTERPRISE AGREEMENT 2023 - 2026

Children's services
COMMISSIONER DURHAM	BRISBANE, 17 JANUARY 2025

Application for approval of the AEIOU Foundation Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the AEIOU Foundation Enterprise Agreement 2023 - 2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aeiou Pty Ltd T/A Aeiou Foundation (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

The Australian Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (ASU), the United Workers’ Union (UWU) and the Independent Education Union of Australia - Queensland and Northern Territory Branch (IEU) lodged their respective Form F18 statutory declaration giving notice under s.183 of the Act that reach wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU, UWU and IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aeiou Pty Ltd, trading as the Aeiou Foundation, applied for approval of the AEIOU Foundation Enterprise Agreement 2023-2026. The application was made to the Fair Work Commission, which was the relevant court for this matter. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including provisions regarding the enterprise's good faith bargaining and the agreement's compliance with minimum employment standards.

The court had to determine whether the enterprise had engaged in genuine and good faith bargaining, as required by the Act. This involved examining the process by which the agreement was negotiated and whether all relevant parties had been appropriately involved. Additionally, the court needed to verify that the agreement adhered to the minimum employment standards set out in the Fair Work Act, including provisions on pay, leave, and other employment conditions.

The Fair Work Commission found that the Aeiou Foundation had indeed engaged in good faith bargaining and that the agreement met all statutory requirements. The Commission was satisfied with the process and the content of the agreement, which complied with the minimum standards set out in the Act. Consequently, the application for approval of the AEIOU Foundation Enterprise Agreement 2023-2026 was approved by the Commission. The agreement was now legally binding between the Aeiou Foundation and its employees.

Aeiou Pty Ltd T/A Aeiou Foundation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established