Independent Education Union of Australia

[2022] FWCA 658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/371)

Gin Gin Community Kindergarten Collective Agreement 2022

Educational services
COMMISSIONER HUNT	BRISBANE, 24 FEBRUARY 2022

Application for approval of the Gin Gin Community Kindergarten Collective Agreement 2022

The Independent Education Union of Australia (IEU) has applied for approval of an enterprise agreement known as the Gin Gin Community Kindergarten Collective Agreement 2022 (the Agreement). The Agreement covers employees employed by Gin Gin Kindergarten Association Inc (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 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 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 3 March 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Independent Education Union of Australia, seeking approval of the Gin Gin Community Kindergarten Collective Agreement 2022. The union argued that the agreement, which was proposed between the union and the employer, Gin Gin Community Kindergarten, met all necessary requirements under the Fair Work Act 2009. The employer supported the application, emphasising that the agreement was a product of genuine bargaining and would benefit both the employees and the institution.

The legal issues before the commission were whether the agreement was a genuine product of bargaining, whether it met the formal requirements for approval, and whether it complied with the provisions of the Fair Work Act. The commission had to consider if the agreement was fairly negotiated and if it contained all the necessary provisions as required by law. Additionally, the commission examined if the agreement would cause detriment to employees, particularly in terms of pay and conditions.

In determining the application, the commission found that the agreement was genuinely negotiated and met all formal requirements. The commission noted the presence of detailed negotiations and the inclusion of all mandatory terms as required by the Fair Work Act. The commission concluded that the agreement would not cause detriment to the employees, as it provided for fair and reasonable terms and conditions of employment. Therefore, the commission approved the application for the agreement to be registered.

The commission's final order was to approve the Gin Gin Community Kindergarten Collective Agreement 2022, making it a legally binding instrument between the union and the employer. The agreement was to be registered with the Fair Work Commission, and the union and employer were directed to comply with its terms. This decision provided certainty and legal effect to the agreement, ensuring that the employees and employer were governed by the terms agreed upon.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established