Independent Education Union of Australia

[2022] FWCA 48

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2021/8445)

GOONDIWINDI KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER P RYAN	SYDNEY, 10 JANUARY 2022

Application for approval of the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2020

The Independent Education Union of Australia (the Applicant) has made an application for approval of an enterprise agreement known as the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer, the Goondiwindi Kindergarten Association Inc., 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.

Sections 186, 187, 188 and 190

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.

Section 183

The Independent Education Union of Australia (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 17 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 Independent Education Union of Australia sought approval for the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2020. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to consider whether the agreement provided for a fair and reasonable resolution of the terms and conditions of employment for the employees covered by the agreement. The Commission also needed to ensure that the agreement was appropriately certified by a registered organisation and that the necessary procedural requirements were met.

In reaching its decision, the Commission examined the agreement in detail, considering the evidence and submissions provided by the parties. The Commission found that the agreement met the necessary legal standards and provided for a fair and reasonable resolution of the terms and conditions of employment. The Commission also determined that the agreement was appropriately certified and that the necessary procedural requirements were met. As a result, the Commission approved the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

The Commission's decision was made in accordance with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission approved the agreement, which will now apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established