Independent Education Union of Australia

[2022] FWCA 254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/9301)

KENT STREET COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER HUNT	BRISBANE, 28 JANUARY 2022

Application for approval of the Kent Street Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2021

[1] The Independent Education Union of Australia – Queensland and Northern Territory Branch (the IEU) has applied for approval of an enterprise agreement known as the Kent Street Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Employer is Kent Street Community Kindergarten Inc (the Employer). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the IEU regarding the undertakings. The IEU agrees with the undertakings provided.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The parties involved in this case were the Independent Education Union of Australia and the Kent Street Community Kindergarten. The dispute centred around the approval of the 2021 Early Childhood Education Collective Enterprise Agreement. The matter was heard in the Fair Work Commission, which is responsible for handling employment disputes and making decisions regarding the approval of enterprise agreements.

The legal issues that the court needed to decide included whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court had to consider if the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other conditions of employment. Additionally, the court had to assess if the agreement met the criteria for a simple or low-risk agreement and whether it complied with the good faith bargaining requirements.

The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other conditions of employment. The court also found that the agreement met the criteria for a simple or low-risk agreement and that the bargaining process was conducted in good faith. As a result, the court approved the agreement, and it came into effect on the date of the decision.

The final orders of the court were that the Kent Street Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2021 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of the decision and would govern the employment of the employees covered by the agreement.

Annexure A – Undertakings

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established