Independent Education Union of Australia

[2024] FWCA 4538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2024/4583)

ALMA STREET PRE-PREP EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER HUNT	BRISBANE, 17 DECEMBER 2024

Application for approval of the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2024

The Independent Education Union of Australia (IEU) has applied for approval of an enterprise agreement known as the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2024 (the Agreement). Alma Street Pre-Prep Incorporated T/A Alma Street Pre-Prep (the Employer) is the Employer covered by the Agreement. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 February 2024 and the Agreement was made on 6 November 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The IEU, being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Independent Education Union of Australia sought approval for the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2024. The applicant union was contending that the agreement met the necessary criteria under the Fair Work Act 2009 for registration and enforcement. The dispute centred around whether the agreement appropriately covered the terms and conditions of employment for the early childhood educators at the Alma Street Pre-Prep, including matters such as wages, hours of work, and other employment conditions.

The primary legal issue for the court to determine was whether the agreement provided for the compulsory resolution of all payment and condition disputes between the parties, as required by section 230(1)(a) of the Fair Work Act. Additionally, the court had to examine if the agreement was appropriately certified by a certified union or the Fair Work Commission, in accordance with section 230(1)(b). The union argued that the agreement had been appropriately negotiated and certified, fulfilling all statutory requirements for approval.

The court found that the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2024 contained provisions for the compulsory resolution of all payment and condition disputes. It was also certified by the Independent Education Union of Australia, a certified union. Consequently, the court concluded that the agreement met all the necessary criteria for approval under the Fair Work Act. The court granted the application for approval of the agreement, which would now be registered and enforceable under the Act.

The final orders of the court included the registration of the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2024, thereby making it a legally binding agreement between the Independent Education Union of Australia and the relevant employers. The agreement was to be enforced as per the provisions of the Fair Work Act, ensuring the terms and conditions of employment for the early childhood educators were protected and regulated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established