Independent Education Union of Australia Summary

[2022] FWCA 181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2021/9161)

COOMA LAMBIE STREET PRESCHOOL ASSOC. INC TEACHERS AGREEMENT 2021

Educational services
COMMISSIONER P RYAN	SYDNEY, 21 JANUARY 2022

Application for approval of the Cooma Lambie Street Preschool Assoc. Inc Teachers Agreement 2021

The Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Cooma Lambie Street Preschool Assoc. Inc Teachers Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

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.

Section 183

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), I note that the Agreement covers the IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 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 case involved the Independent Education Union of Australia, who applied for approval of the Cooma Lambie Street Preschool Assoc. Inc Teachers Agreement 2021. The application was before the Fair Work Commission, with the union seeking to have the agreement registered and made a registered agreement under the Fair Work Act 2009. The preschool association had entered into the agreement with the union, covering the employment of teachers at the preschool. The union argued that the agreement contained fair and reasonable terms and conditions for the employees, and that it should be approved and registered.

The legal issues before the commission were whether the agreement contained terms that were fair and reasonable, and whether the agreement complied with the requirements of the Fair Work Act. The commission had to consider whether the agreement met the criteria for approval, including whether it provided for minimum terms and conditions of employment, and whether it was in the best interests of the employees. The commission also had to consider whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act.

The commission found that the agreement contained terms that were fair and reasonable, and that it complied with the requirements of the Fair Work Act. The commission noted that the agreement provided for minimum terms and conditions of employment, and that it was in the best interests of the employees. The commission also found that the agreement was made in good faith and that it complied with the relevant provisions of the Fair Work Act. The commission was satisfied that the agreement met the criteria for approval, and that it should be registered as a registered agreement under the Fair Work Act. The union's application was therefore approved.

The commission made an order approving the Cooma Lambie Street Preschool Assoc. Inc Teachers Agreement 2021 as a registered agreement under the Fair Work Act. The agreement was to be registered with the commission, and the union was authorised to act as the registered organisation for the purposes of the agreement. The commission also made an order that the agreement be published on its website, and that a copy of the agreement be provided to the preschool association and the union.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established