Independent Education Union of Australia

[2025] FWCA 153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2024/5036)

IMMACULATE HEART COLLEGE ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER SCHNEIDER	PERTH, 15 JANUARY 2025

Application for approval of the Immaculate Heart College Enterprise Agreement 2023

Independent Education Union of Australia has made an application for the approval of an enterprise agreement known as the Immaculate Heart College Enterprise Agreement 2023 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Employer (Immaculate Heart College) has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The Independent Education Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 January 2025.

The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia (the Union) for approval of the Immaculate Heart College Enterprise Agreement 2023. This agreement, which was negotiated between the Union and Immaculate Heart College (the College), sought to regulate the employment conditions of teachers at the College. The Union argued that the agreement was fair and reasonable, while the College contested certain provisions, particularly those concerning pay and workload.

The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Court had to determine if the agreement was "in the public interest" and if it was "appropriate for a safety net agreement." The Union contended that the agreement provided adequate protections and benefits to the employees, while the College argued that certain provisions exceeded the scope of what could be considered reasonable and fair under the legislation.

The Fair Work Commission examined the agreement in detail, considering the economic context, the parties' bargaining positions, and the provisions of the agreement itself. The Commission found that while some provisions could be considered contentious, the overall agreement did not deviate significantly from industry standards and provided reasonable protections for the employees. Consequently, the Commission determined that the agreement was appropriate for approval and in the public interest. The Court ultimately approved the agreement, subject to certain minor modifications to address the College's concerns.

The final orders of the Court included the approval of the Immaculate Heart College Enterprise Agreement 2023, with the aforementioned modifications, ensuring that it complied with the statutory requirements for safety net agreements. The Court's decision provided clarity on the application of the Fair Work Act to enterprise agreements and set a precedent for similar cases in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established