Independent Education Union of Australia

[2025] FWCA 525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia

(AG2024/4761)

ALBURY PRESCHOOL KINDERGARTEN LNC. EMPLOYEE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER DURHAM	BRISBANE, 10 FEBRUARY 2025

Application for approval of the Albury Preschool Kindergarten lnc. Employee Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Albury Preschool Kindergarten lnc. Employee Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia (the Applicant). The Agreement is a single enterprise agreement.

The employer has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 6 of the Agreement and the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Independent Education Union of Australia sought approval of the Albury Preschool Kindergarten Inc. Employee Enterprise Agreement 2024. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the legal standards set by the Fair Work Act 2009. The Commission was tasked with assessing the fairness of the agreement, ensuring that it complied with the relevant statutory provisions, and considering any objections raised by interested parties.

The primary legal issues before the Commission involved the agreement's compliance with the Fair Work Act 2009. This included verifying that the agreement was free from any sham arrangements, ensuring it did not undermine the right to freedom of association, and confirming that it did not have any detrimental effect on the employees' conditions. Furthermore, the Commission had to consider whether the agreement provided a safety net for employees and whether it allowed for proper dispute resolution mechanisms.

The Commission meticulously reviewed the application and the agreement, taking into account the submissions from both the union and the employer. After evaluating the evidence and arguments presented, the Commission concluded that the agreement met the legal standards and was fair and reasonable. The agreement was found to comply with the statutory requirements, provide a safety net for employees, and offer effective dispute resolution mechanisms. Therefore, the Commission approved the Albury Preschool Kindergarten Inc. Employee Enterprise Agreement 2024, paving the way for its implementation.

The Fair Work Commission's decision included specific orders approving the agreement. The Commission determined that the agreement was to be registered and would come into effect on the date specified within the agreement. This decision provided clarity and certainty for the parties involved, allowing the agreement to be implemented as per the terms outlined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established