Independent Education Union of Australia Summary

[2024] FWCA 4712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Education Union of Australia

(AG2024/4757)

SARINA & DISTRICT COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT DOBSON	BRISBANE, 31 DECEMBER 2024

Application for approval of the Sarina & District Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Sarina & District Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia – Queensland and Northern Territory Branch (IEU-QNT/the Applicant). The Agreement is a single enterprise agreement.

The Applicant 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, 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.

The IEU-QNT 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-QNT.

The Agreement is approved and will operate from 7 January 2025. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement governing early childhood education within the Sarina & District Community Kindergarten. The parties to the dispute were the Independent Education Union of Australia and the kindergarten, with the Fair Work Commission presiding over the proceedings. The nature of the dispute centred on whether the proposed collective agreement, which aimed to set terms and conditions for the employees, complied with the relevant legislative requirements.

The primary legal issues the court needed to address were whether the collective agreement satisfied the statutory criteria for approval and if it appropriately balanced the interests of both the employees and the employer. This included assessing whether the agreement met the procedural requirements, was fair and reasonable, and did not impose any undue financial hardship on the employer. The court also had to determine if the agreement provided for effective dispute resolution mechanisms and whether it aligned with the overarching principles of the Fair Work Act.

The court examined the agreement in detail, considering the submissions from both parties. It found that the agreement adhered to the necessary procedural steps and was fair and reasonable in its terms. The court was satisfied that the agreement did not impose any undue financial hardship on the employer and included adequate provisions for dispute resolution. The agreement was deemed to appropriately balance the interests of the employees and the employer, thereby meeting the criteria for approval under the relevant legislation. As a result, the court approved the collective agreement, allowing it to take effect as intended.

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