Independent Education Union of Australia

[2022] FWCA 3806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/4278)

Maryland Care and Early Education Centre Inc Teacher’s Agreement 2022

Educational services
COMMISSIONER MCKINNON	SYDNEY, 31 OCTOBER 2022

Application for approval of the Maryland Care and Early Education Centre Inc. Teacher’s Agreement 2022

Independent Education Union of Australia has applied for approval of a single enterprise agreement known as the Maryland Care and Early Education Centre Inc. Teacher’s Agreement 2022 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 7 November 2022. The nominal expiry date of the Agreement is 1 September 2024.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter are the Independent Education Union of Australia and the Maryland Care and Early Education Centre Inc. The dispute arose from the need for approval of the Teacher’s Agreement 2022 by the union. This matter was heard by the Fair Work Commission. The legal issues before the Commission involved the fairness and compliance of the agreement with relevant legislative and regulatory frameworks. Specifically, the Commission had to determine whether the agreement met the necessary criteria for approval and if it was in line with the Fair Work Act 2009.

The Commission undertook a comprehensive review of the agreement, assessing its provisions against the legal standards and regulatory requirements. The analysis included scrutiny of the agreement’s terms concerning wages, conditions of employment, dispute resolution mechanisms, and compliance with other relevant industrial instruments. The Commission also considered submissions from both parties and any relevant evidence presented during the hearing. Ultimately, the Commission found that the agreement was fair and compliant with the law. The provisions of the agreement were deemed reasonable in the circumstances, and it was approved as a registered agreement under the Fair Work Act 2009.

Following its findings, the Fair Work Commission approved the Teacher’s Agreement 2022, effective from the date specified in the agreement. This decision ensures that the terms and conditions of employment for teachers at the Maryland Care and Early Education Centre Inc. are legally recognised and enforceable. The approval of the agreement provides a framework for the relationship between the union and the employer, promoting industrial harmony and protecting the rights 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