Independent Education Union of Australia

[2021] FWCA 7071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/8626)

NARNIA KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER SPENCER	BRISBANE, 13 DECEMBER 2021

Application for approval of the Narnia Kindergarten Early Childhood Education Collective Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Narnia 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). It has been made by the Queensland and Northern Territory Branch of the Independent Education Union of Australia (IEU/the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Independent Education Union of Australia and the Narnia Kindergarten, with the primary focus being the approval of the 2021 Early Childhood Education Collective Enterprise Agreement. The application was heard by the Fair Work Commission, a tribunal with jurisdiction over workplace relations and employment matters in Australia.

The central legal issue the court had to address was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement was fair and reasonable in terms of its provisions and if it complied with the relevant provisions of the Act. This included evaluating whether the agreement covered all required matters, did not include prohibited content, and was not detrimental to the operation of the business.

In delivering the decision, the commission found that the proposed agreement met the statutory requirements. The agreement was deemed fair and reasonable, covering all mandated matters without including any prohibited content. Furthermore, the commission was satisfied that the agreement would not harm the operation of the business. Consequently, the commission approved the Narnia Kindergarten Early Childhood Education Collective Enterprise Agreement 2021, confirming its compliance with the Fair Work Act 2009. The agreement was therefore approved, allowing it to be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established