Independent Education Union of Australia

[2022] FWCA 1935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/1796)

Yeppoon & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Educational services
COMMISSIONER HUNT	BRISBANE, 21 JUNE 2022

Application for approval of the Yeppoon & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

The Independent Education Union of Australia has applied for approval of an enterprise agreement known as the Yeppoon & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The Agreement covers employees employed by Yeppoon & District Kindergarten Association Incorporated T/A Yeppoon & District Kindergarten (the Employer). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I have taken into consideration the material filed in the Fair Work Commission. 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 Independent Education Union – Queensland and Northern Territory Branch (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) of the Act, I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, sought the approval of the Yeppoon & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2022. This application was lodged with the Fair Work Commission (FWC), which has jurisdiction to approve such agreements. The applicant argued that the agreement met all the relevant criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the FWC considered whether proper consultation had taken place with the relevant employees and whether the agreement had been negotiated in good faith. Substantively, the FWC examined whether the agreement provided for minimum entitlements, including minimum rates of pay and other conditions of employment, as well as whether it contained any terms that were inconsistent with the Fair Work Act or were otherwise unenforceable.

The FWC found that the agreement had been negotiated in good faith and that the procedural requirements had been met, as evidenced by the comprehensive consultation process and the presence of a majority vote in favour of the agreement. The FWC also determined that the agreement provided for the minimum entitlements required by the Fair Work Act and did not contain any terms that were inconsistent with the Act or otherwise unenforceable. The FWC approved the agreement, recognising it as a valid and binding instrument under the Fair Work Act.

The FWC's decision was based on a thorough examination of the evidence and arguments presented by the parties. The FWC found that the agreement was a fair and reasonable one, which provided for the minimum entitlements required by law and was negotiated in good faith. The approval of the agreement will now provide certainty and stability to the parties involved and will ensure that the employees of the Yeppoon & District Kindergarten are protected by a comprehensive and enforceable agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established