Independent Education Union of Australia

[2024] FWCA 3481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Education Union of Australia

(AG2024/3260)

ROSEWOOD & DISTRICT KINDERGARTEN AND PRESCHOOL EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER DURHAM	BRISBANE, 3 OCTOBER 2024

Application for approval of the Rosewood & District Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Rosewood & District Kindergarten and Preschool 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). It has been made by Independent Education Union of Australia (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.

I note the undertakings were provided in relation to the following:

maximum daily hours – clause 4.1.3
part-time employment (overtime)
paid rest period
working during meal break

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.

The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Educational Services (Teachers) Award 2020 is taken to be a term of the Agreement.

The Independent Education Union of Australia Queensland And Northern Territory Branch (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. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia lodged an application for the approval of the Rosewood & District Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2024. The application was made under the Fair Work Act 2009. The dispute centred on the negotiation and subsequent approval of a collective enterprise agreement for early childhood educators employed by the kindergarten and preschool. The legal issues that arose in this case primarily revolved around whether the agreement met the statutory requirements for approval and whether it complied with relevant industrial laws and regulations.

The Fair Work Commission examined various aspects of the agreement, including its coverage, the bargaining process, and the terms and conditions it proposed. A key issue was whether the agreement provided fair and reasonable terms for the employees, taking into account the nature of the work and the economic circumstances. Additionally, the Commission assessed whether the agreement was genuinely negotiated and whether it complied with the statutory criteria for approval. The Commission also considered whether the agreement appropriately balanced the interests of both the employer and the employees.

After a thorough review, the Fair Work Commission concluded that the Rosewood & District Kindergarten and Preschool Early Childhood Education Collective Enterprise Agreement 2024 met the statutory requirements for approval. The Commission found that the agreement had been genuinely negotiated and contained terms and conditions that were fair and reasonable. It determined that the agreement appropriately balanced the interests of the employer and the employees, and that it complied with all relevant industrial laws and regulations. As a result, the Commission approved the agreement, which will now be in effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established