Independent Education Union of Australia

[2022] FWCA 2403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/2105)

Church Street Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT MOLTONI	BRISBANE, 18 JULY 2022

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

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

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Independent Education Union of Australia (IEUA) 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 IEUA.

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 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Church Street Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2022. The Church Street Kindergarten & Preschool was the employer and the Union was the employer’s representative. The dispute centred around the terms and conditions set out in the proposed agreement, which were to govern the employment of early childhood education staff within the organisation. The Fair Work Commission was tasked with evaluating whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key legal issues involved assessing the fairness and compliance of the agreement’s provisions, including pay rates, working conditions, and other employment terms.

The Commission considered various factors, including the bargaining power of the parties, the nature of the enterprise, and the agreement’s alignment with the Fair Work Act’s objectives. It examined whether the agreement provided for fair and reasonable terms and conditions, and if it had been genuinely negotiated. The Commission also assessed whether the agreement addressed the needs of the employees, and if it was consistent with relevant awards and the national minimum standards. The analysis involved detailed scrutiny of the agreement's provisions and the evidence presented by both the Union and the employer.

After thorough deliberation, the Fair Work Commission approved the agreement, finding it met the necessary criteria for fairness and compliance. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and had been genuinely negotiated. It was satisfied that the agreement was consistent with the objectives of the Fair Work Act and met the needs of the employees. The Commission’s decision was based on a comprehensive evaluation of the evidence and the provisions of the agreement. The Church Street Kindergarten & Preschool Early Childhood Education Collective Enterprise Agreement 2022 was thus approved, and the employees covered by the agreement would be bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established