Independent Education Union of Australia

[2025] FWCA 1140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2025/650)

VERA LACAZE MEMORIAL COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 APRIL 2025

Application for approval of the Vera Lacaze Memorial Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Vera Lacaze Memorial Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by the Independent Education Union of Australia. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Independent Education Union of Australia, being a bargaining representative for the Agreement, supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 10 April 2025. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Independent Education Union of Australia, applied to the Fair Work Commission for approval of the Vera Lacaze Memorial Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024. The dispute arose out of a collective bargaining process between the union and the kindergarten, resulting in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement contained the minimum required terms and conditions, was made in good faith, and was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009, which mandates specific provisions for registered organisations such as unions.

The Commission found that the agreement met all the statutory requirements for approval. It contained the necessary minimum terms and conditions, was made in good faith, and was in the best interests of the employees. The agreement also complied with the specific provisions for registered organisations. The Commission concluded that the proposed agreement was fair and reasonable, taking into account the nature of the work, the bargaining positions of the parties, and the interests of the employees. The Commission approved the agreement, finding that it met all the legal criteria for approval.

The Commission ordered that the Vera Lacaze Memorial Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of registration and would bind the parties and their employees for the specified period. The union and the kindergarten were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established