Independent Education Union of Australia

[2018] FWCA 4083

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2018/2741)

C & K Banyo Early Childhood Education Collective Enterprise Agreement 2018

Educational services
Commissioner Lee	MELBOURNE, 10 JULY 2018

Application for approval of the C & K Banyo Early Childhood Education Collective Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the C & K Banyo 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 17 July 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Independent Education Union of Australia sought approval of the C & K Banyo Early Childhood Education Collective Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The dispute centred on the terms and conditions of employment for employees within the early childhood education sector, specifically focusing on whether the proposed agreement complied with relevant legislative and regulatory frameworks.

The key legal issues that the Commission needed to address included whether the agreement was made in good faith and whether it contained all the required minimum terms and conditions as stipulated by the Fair Work Act 2009. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of the employees and employers and if it adhered to the principles of procedural fairness.

The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. It also concluded that the agreement appropriately balanced the interests of both employees and employers. The Commission noted that while there were some procedural shortcomings in the negotiation process, these did not significantly impact the fairness or validity of the agreement. Consequently, the Commission approved the C & K Banyo Early Childhood Education Collective Enterprise Agreement 2018. The decision was made on the basis that the overall terms of the agreement were fair and reasonable, and that the procedural issues did not detract from its overall validity.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established