Independent Education Union of Australia

[2022] FWCA 3943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/4594)

Weipa Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2022

Educational services
COMMISSIONER SPENCER	BRISBANE, 9 NOVEMBER 2022

Application for approval of the Weipa Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Weipa Kindergarten & Preschool 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) by the Independent Education Union of Australia – Queensland and Northern Territory Branch (the Applicant). The Agreement is a single enterprise agreement.

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.

The Applicant, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the Applicant.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 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 matter before the Fair Work Commission involved an application for approval of the Weipa Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2022. The Independent Education Union of Australia lodged the application, seeking endorsement of the proposed agreement. This agreement, if approved, would establish the terms and conditions of employment for early childhood education staff at the Weipa Kindergarten & Preschool.

The central legal issue for the Commission to resolve was whether the proposed enterprise agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the procedural prerequisites for approval, such as the appropriate bargaining processes being followed and if the agreement contained all the mandated minimum terms and conditions. Additionally, the Commission had to assess if the agreement was in the best interests of the employees it covered.

In reaching its decision, the Commission considered the evidence presented regarding the bargaining process and the content of the proposed agreement. It examined whether the agreement was made in good faith, with genuine negotiations taking place between the employer and the union. The Commission also reviewed the terms of the agreement to ensure they met the minimum standards required by the Fair Work Act and that they were fair and reasonable in all respects. Ultimately, the Commission found that the application met all necessary legal criteria. The proposed agreement was approved, reflecting the Commission's determination that it was appropriately negotiated and contained all required terms, thereby serving the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established