Independent Education Union of Australia Summary

[2022] FWCA 3940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/4514)

Borilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 9 NOVEMBER 2022

Application for approval of the Borilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Borilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia – Queensland and Northern Territory Branch (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 Independent Education Union of Australia – Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the 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 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Borilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022. The parties involved were the Independent Education Union of Australia and the Borilla Community Kindergarten. The union sought approval for the proposed agreement, which aimed to govern the terms and conditions of employment for early childhood educators within the kindergarten. The dispute centred around the union's assertion that the agreement adequately represented the interests of the employees and complied with relevant industrial laws.

The key legal issues before the Commission included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including provisions related to the process of bargaining, the content of the agreement, and its compliance with the Fair Work (Registered Organisations) Act 2009. The Commission also needed to consider if the agreement provided fair and reasonable terms and conditions of employment, and whether it had been genuinely bargained between the parties.

The Commission examined the process through which the agreement was negotiated, the provisions within the agreement, and the submissions from both parties. The union argued that the agreement was the product of genuine and fair bargaining, and that it met all statutory requirements for approval. The Commission found that the process was compliant with the necessary legal standards and that the agreement contained fair and reasonable terms for the employees. The Commission approved the agreement, acknowledging that it adequately represented the interests of the early childhood educators and complied with the relevant industrial laws.

The Fair Work Commission approved the Borilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022, effective from the date of the decision. The approval was based on the findings that the agreement was genuinely bargained and met all statutory requirements for approval under the Fair Work Act 2009. The union's submissions were considered, and the Commission found that the agreement provided fair and reasonable terms and conditions of employment for the early childhood educators within the kindergarten.

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