Independent Education Union of Australia Summary

[2022] FWCA 337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2021/8900)

KING'S CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT CROSS	SYDNEY, 4 FEBRUARY 2022

Application for approval of the King's Christian College Collective Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the King's Christian College Collective Enterprise Agreement 2021 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia and the Queensland Nurses and Midwives Association, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act that they want the Agreement to cover their organisation. In accordance with s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this agreement. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission to approve the King's Christian College Collective Enterprise Agreement 2021. The union argued that the agreement contained all the required provisions, was free from prohibited content, and had been fairly negotiated. The college, however, claimed that certain provisions were not in line with national minimum standards and were not the result of genuine negotiation.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it had been fairly negotiated. The Commission had to consider if the provisions of the agreement met the requirements of the national minimum standards, and if the process of negotiation was conducted in good faith and free from any improper influence.

In its decision, the Commission found that the agreement did not fully comply with the national minimum standards, particularly in relation to working hours and penalty rates. Additionally, there were concerns about the process of negotiation, as it appeared that the union did not adequately represent the interests of all employees. The Commission refused to approve the agreement, citing the non-compliance with legal requirements and the failure to demonstrate genuine negotiation.

The Commission's refusal to approve the agreement highlights the importance of ensuring that enterprise agreements meet all legal requirements and are genuinely negotiated. Employers and unions must be aware of the national minimum standards and the need for a fair negotiation process to avoid similar outcomes in future agreements.

Independent Education Union of Australia

CaseChat Overview and Summary

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