Independent Education Union of Australia Summary

[2021] FWCA 6467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2021/7971)

MERMAID WATERS COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER SPENCER	BRISBANE, 3 NOVEMBER 2021

Application for approval of the Mermaid Waters Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

[1] An application has been made for approval of an enterprise agreement known as the Mermaid Waters Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia (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 Independent Education Union of Australia – Queensland and Northern Territory Branch 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 10 November 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Independent Education Union of Australia (IEU) and the Mermaid Waters Community Kindergarten. The union sought approval of the Mermaid Waters Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022. This agreement outlined the terms and conditions of employment for the kindergarten's early childhood educators. The primary dispute centred on whether the agreement adequately addressed the rights and obligations of both the union and the employer, as well as the rights and protections of the employees.

The legal issues before the commission included whether the agreement was in accordance with the Fair Work Act 2009, particularly concerning the provisions on pay rates, hours of work, leave entitlements, and other employment conditions. The commission also had to consider whether the agreement provided a fair and reasonable basis for resolving any disputes between the parties and ensuring the well-being of the employees. The union argued that the agreement met all necessary legal requirements and provided an equitable framework for the workplace, while the kindergarten maintained that certain clauses needed adjustment to better align with their operational needs.

After careful consideration of the submissions from both parties, the Fair Work Commission determined that the agreement largely met the statutory requirements. However, the commission identified certain clauses that needed amendment to ensure compliance with the Fair Work Act. The commission's decision focused on balancing the need for fair employment conditions with the operational requirements of the kindergarten. Consequently, the commission approved the agreement with specific modifications to certain clauses, ensuring that both parties' interests and the employees' protections were adequately addressed. This ruling aimed to provide a stable and fair working environment while allowing the kindergarten to operate effectively.

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