Independent Education Union of Australia

[2022] FWCA 3365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/3635)

Goonellabah Preschool Incorporated Employees Collective Agreement 2021

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 29 SEPTEMBER 2022

Application for approval of the Goonellabah Preschool Incorporated Employees Collective Agreement 2021.

Independent Education Union of Australia (130N) (IEUA/the Applicant) has made an application for the approval of the Goonellabah Preschool Incorporated Employees Collective Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The IEUA was a bargaining representative for the Agreement and 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 IEUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 6 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application in the Fair Work Commission seeking approval of the Goonellabah Preschool Incorporated Employees Collective Agreement 2021. Goonellabah Preschool Incorporated is an employer that engages employees in the early childhood education and care industry, and the union is the recognised representative for those employees. The dispute centred around the negotiation and subsequent approval of a collective agreement that governs the terms and conditions of employment for the union's members.

The legal issues before the Commission were whether the collective agreement met the statutory requirements under the Fair Work Act 2009, including whether it was negotiated in good faith, contained terms and conditions that were fair and reasonable, and was in compliance with all relevant provisions of the Act. Additionally, the Commission had to consider if the agreement appropriately addressed the needs of the employees and the employer and if it adhered to the principles of enterprise bargaining as outlined in the legislation.

The Commission found that the collective agreement was negotiated in good faith and contained terms and conditions that were fair and reasonable, taking into account the specific circumstances of the employer and the employees. The agreement was compliant with the relevant statutory requirements and appropriately addressed the needs of both parties. The Commission also noted that the agreement included provisions for dispute resolution and the protection of employees' rights, which were in line with the principles of enterprise bargaining. Consequently, the Commission approved the Goonellabah Preschool Incorporated Employees Collective Agreement 2021.

The final orders of the Commission were that the Goonellabah Preschool Incorporated Employees Collective Agreement 2021 be approved and registered as a certified agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between the employer and the employees represented by the union, providing a clear framework for their working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established