Independent Education Union of Australia
[2024] FWCA 2592
•12 JULY 2024
| [2024] FWCA 2592 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2024/2215)
WEST MORETON COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2023
| Educational services | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 12 JULY 2024 |
Application for approval of the West Moreton Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the West Moreton Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2023 (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 Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 April 2024 and the Agreement was made on 6 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Independent Education Union of Australia (the IEUA), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.
A potential BOOT issue was identified regarding maximum part time hours. However, there are no part time employees currently engaged and the Applicant has advised that it is not reasonably foreseeable that part time employees will be engaged during the life of the Agreement. As such, I regard the concern as resolved.
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.
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 Independent Education Union of Australia (the IEUA) 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 IEUA.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2024. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
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