Independent Education Union of Australia Summary

[2025] FWCA 3171

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2025/2977)

WEST ALBURY PRE-SCHOOL CENTRE INC. EMPLOYEE ENTERPRISE AGREEMENT 2025

Educational services
COMMISSIONER MCKINNON	SYDNEY, 19 SEPTEMBER 2025

Application for approval of the West Albury Pre-School Centre Inc. Employee Enterprise Agreement 2025

The Independent Education Union of Australia (IEU) has applied for approval of a single enterprise agreement known as the West Albury Pre-School Centre Inc. Employee Enterprise Agreement 2025 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

The Agreement is approved and will operate from 26 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

The Agreement covers the IEU.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Independent Education Union of Australia and the West Albury Pre-School Centre Inc., with the dispute centred around the application for the approval of the Employee Enterprise Agreement 2025. The Fair Work Commission, acting within its jurisdiction under the Fair Work Act 2009, was the body that heard the matter.

The primary legal issues that the Commission needed to address included whether the proposed enterprise agreement met the requirements set out in the Fair Work Act, including whether it provided for a fair and efficient workplace, and if it complied with the good faith bargaining provisions. The Commission also needed to consider whether the agreement contained any provisions that were contrary to public policy or that would undermine the objectives of the Act.

The Fair Work Commission examined the application and found that the proposed agreement met the necessary legislative criteria. The agreement provided for appropriate terms and conditions of employment, including wages, hours of work, and other employment matters, which were considered fair and efficient. The Commission also determined that the bargaining process had been conducted in good faith and that the agreement did not contain any provisions that were contrary to public policy or undermined the objectives of the Act. Consequently, the Commission approved the application for the Employee Enterprise Agreement 2025.

As a result of the Commission's approval, the West Albury Pre-School Centre Inc. Employee Enterprise Agreement 2025 is now in effect, and the terms and conditions set out in the agreement apply to the employees of the West Albury Pre-School Centre Inc. This decision provides certainty for both the employer and employees regarding the terms of their employment going forward.

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