Independent Education Union of Australia

[2018] FWCA 4513

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2018/1506)

St Lucia Kindergarten Early Childhood Education Collective Enterprise Agreement 2018

Educational services
Commissioner Gregory	MELBOURNE, 1 AUGUST 2018

Application for approval of the St Lucia Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the St Lucia Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

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.

The Independent Education Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the case of the Independent Education Union of Australia, the Fair Work Commission was called upon to determine whether the St Lucia Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 should be approved. The union, acting on behalf of its members, sought to have the agreement, which was intended to govern employment terms and conditions for early childhood educators at St Lucia Kindergarten, formally recognised and enforced. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including compliance with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The primary legal issues addressed by the Commission involved assessing the procedural validity of the agreement's negotiation and the substantive fairness of its terms. The Commission had to consider whether the union had the necessary representative capacity to negotiate the agreement and if the agreement had been genuinely negotiated with the employer. Furthermore, the Commission needed to ensure that the agreement met the criteria for substantive fairness, including whether it provided a safety net of minimum entitlements and did not undermine the ability of employees to protect their health and safety.

In its decision, the Commission found that the union had the requisite authority to negotiate the agreement on behalf of its members. The Commission also determined that the agreement was genuinely negotiated and that it contained terms that were fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that met the statutory safety net requirements, and it did not undermine employees' ability to protect their health and safety. Consequently, the Commission approved the St Lucia Kindergarten Early Childhood Education Collective Enterprise Agreement 2018, ensuring that it would be legally enforceable and provide a stable framework for the employment of early childhood educators at the kindergarten.

The Commission's final orders included the approval of the agreement, which would now be registered with the Fair Work Commission and enforceable under the Fair Work Act 2009. This decision provided clarity and certainty to both the union and the employer regarding the terms and conditions of employment for early childhood educators at St Lucia Kindergarten, facilitating a harmonious working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established