Independent Education Union of Australia Summary

[2022] FWCA 3962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/4453)

COROWA PRESCHOOL ASSOCIATION INC. ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER P RYAN	SYDNEY, 10 NOVEMBER 2022

Application for approval of the Corowa Preschool Association Inc. Enterprise Agreement 2021

The Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Corowa Preschool Association Inc. Enterprise Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Section 183 Bargaining representative

The IEU being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 17 November 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought approval of the Corowa Preschool Association Inc. Enterprise Agreement 2021. The dispute arose from the applicant's submission of the agreement to the Fair Work Commission for endorsement under section 235 of the Fair Work Act 2009. The application was contested by the respondent, the Corowa Preschool Association Inc., which objected to the proposed agreement's terms. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issues before the court were whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009 and if the process followed was lawful and fair. The court needed to consider whether the agreement contained all the prescribed minimum terms and conditions, was free from prohibited content, and was made in good faith. The court also had to determine if the agreement was consistent with the Act's purpose of creating a simple, fair work relations framework.

The court found that the application complied with all necessary legal requirements and the agreement contained all the prescribed minimum terms and conditions. The court was satisfied that the agreement was free from prohibited content and was made in good faith. The process followed in reaching the agreement was deemed to be lawful and fair. The court concluded that the agreement was consistent with the purpose of the Fair Work Act 2009. The applicant's application was approved, and the Corowa Preschool Association Inc. Enterprise Agreement 2021 was endorsed by the court.

The final orders of the court included the approval of the Corowa Preschool Association Inc. Enterprise Agreement 2021, with the endorsement taking effect from the date of the court's decision. The respondent was directed to provide a copy of the endorsed agreement to the Fair Work Ombudsman and to ensure that all relevant parties were informed of the endorsement. The court's decision was binding on all parties involved in the agreement.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established