Independent Education Union of Australia

[2022] FWCA 864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/427)

Mudjimna Community Kindergarten & Pre-School Association Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 11 MARCH 2022

Application for approval of the Mudjimba Community Kindergarten & Pre-School Association Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Mudjimba Community Kindergarten & Pre-School Association Kindergarten 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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Independent Education Union of Australia 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 Agreement is approved and in accordance with s.54, will operate from 18 March 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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 Mudjimba Community Kindergarten & Pre-School Association Kindergarten Early Childhood Education Collective Enterprise Agreement 2022. The union sought to ensure that the agreement met the requirements of the Fair Work Act 2009. The dispute centred on the procedural and substantive fairness of the agreement and its compliance with relevant legislative provisions.

The legal issues before the commission included whether the agreement was made in accordance with the necessary processes, including proper consultation and good faith bargaining, and whether the terms of the agreement were fair and reasonable. The commission had to consider if the union adequately represented the employees and if the agreement met the standard of procedural and substantive fairness as required by the Fair Work Act. Additionally, the commission assessed whether the agreement complied with all relevant legislative requirements and provisions concerning minimum wages, working conditions, and other employment terms.

The Fair Work Commission determined that the agreement was made in compliance with the necessary processes, including proper consultation and good faith bargaining. The commission found that the union had adequately represented the employees and that the agreement met the standard of procedural and substantive fairness. The commission also concluded that the agreement complied with all relevant legislative requirements and provisions concerning minimum wages, working conditions, and other employment terms. Consequently, the commission approved the Mudjimba Community Kindergarten & Pre-School Association Kindergarten Early Childhood Education Collective Enterprise Agreement 2022.

The final orders of the Fair Work Commission included the approval of the Mudjimba Community Kindergarten & Pre-School Association Kindergarten Early Childhood Education Collective Enterprise Agreement 2022, effective from the date of the commission's decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established