Independent Education Union of Australia Summary

[2022] FWCA 2763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/3297)

Valla Community Preschool Enterprise Agreement 2021-2024

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 15 AUGUST 2022

Application for approval of the Valla Community Preschool Enterprise Agreement 2021-2024.

An application has been made for approval of an enterprise agreement known as the Valla Community Preschool Enterprise Agreement 2021-2024 (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 (IEU). 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 IEU, 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 organisation.

The IEU identified an omission of the rates of pay for the Children’s Services Employee (CSE) Level 1.4 classification from the Agreement. The IEU sought to correct the omission pursuant to s.586 of the Act and provided amended pages containing the revised wage tables. It was submitted that notwithstanding the employer does not presently employ any Level 1.4 CSE, the correction provides for improved benefits and will ensure the Agreement satisfies the Better Off Overall Test. Having considered the submissions made by the IEU, I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Independent Education Union of Australia (the "Applicant") and the Valla Community Preschool (the "Employer"). The Applicant sought approval of the Valla Community Preschool Enterprise Agreement 2021-2024 (the "Agreement") from the Fair Work Commission (the "Commission"). The Applicant argued that the Agreement met the requirements of the Fair Work Act 2009 and should be approved. The Employer contested the application, raising concerns about certain provisions within the Agreement.

The legal issues before the Commission included whether the Agreement met the criteria for approval under the Fair Work Act, specifically whether the Agreement contained only matters that could be the subject of a registered agreement, and whether it was in the best interests of the employees. Additionally, the Commission needed to determine whether the provisions concerning the employment of casual employees were fair and reasonable.

The Commission examined the Agreement in detail, considering the specific provisions contested by the Employer. It found that the Agreement contained only matters that could be the subject of a registered agreement and was in the best interests of the employees. The Commission also concluded that the provisions concerning the employment of casual employees were fair and reasonable. Accordingly, the Commission approved the Agreement.

The Fair Work Commission approved the Valla Community Preschool Enterprise Agreement 2021-2024. The Applicant is entitled to take such steps as are necessary to give effect to the approved Agreement. The Employer is bound by the terms of the approved Agreement and must comply with its provisions.

Independent Education Union of Australia

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established