Independent Education Union of Australia

[2018] FWCA 3199

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2018/710)

Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2018

Educational services
Commissioner Johns	SYDNEY, 4 JUNE 2018

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

An application has been made for approval of an enterprise agreement known as the Goondiwindi 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 11 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2018. The application was opposed by the employer, Goondiwindi Kindergarten Early Childhood Education PTY LTD. The dispute involved the interpretation and application of the Fair Work Act 2009 in relation to the proposed agreement's provisions, particularly those concerning the classification and remuneration of employees. The court was required to determine whether the agreement complied with the relevant legislative provisions and if it met the standards of procedural fairness and good faith bargaining.

The court examined whether the agreement provided fair and reasonable terms for the employees, considering the specific context of early childhood education services. It also assessed whether the agreement was made in good faith and whether there was adequate consultation and negotiation between the parties. Furthermore, the court scrutinised the classification and pay rates proposed in the agreement to ensure they were consistent with the applicable industrial awards and the principles of fairness and equity. After careful consideration of the evidence and arguments presented, the court found that the agreement did not meet the required standards of procedural fairness and good faith bargaining.

The court concluded that the proposed classification and remuneration terms did not adequately reflect the skills, responsibilities, and qualifications of the employees. It also found that there had been insufficient consultation and negotiation between the parties. Consequently, the court refused to approve the agreement. The court ordered that the application be dismissed, and the proposed agreement be not approved. The court's decision was based on the evidence and arguments presented, and it emphasised the importance of fair and reasonable terms, as well as good faith bargaining, in the context of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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