Independent Education Union of Australia

[2024] FWCA 2588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2024/2359)

PROSERPINE PUBLIC KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER P RYAN	SYDNEY, 11 JULY 2024

Application for approval of the Proserpine Public Kindergarten Early Childhood Education Collective Enterprise Agreement 2024

The Independent Education Union of Australia (IEUA) has made an application for approval of an enterprise agreement known as the Proserpine Public Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

On the basis of the material contained in the application and accompanying declarations, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The IEUA, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the IEUA.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 18 July 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for the approval of the Proserpine Public Kindergarten Early Childhood Education Collective Enterprise Agreement 2024. The dispute involved the terms and conditions of employment for early childhood educators at the Proserpine Public Kindergarten. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The key legal issues before the Commission were whether the agreement was in the public interest, complied with the Fair Work Act 2009, and adhered to the principles of industrial justice. The Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and whether it balanced the interests of the employees and the employer. Additionally, the Commission examined whether the agreement met the minimum standards prescribed by the Fair Work Act.

The Commission found that the agreement was in the public interest and met the necessary legal standards for approval. The agreement provided for fair and reasonable terms and conditions of employment, and balanced the interests of the employees and the employer. The Commission was satisfied that the agreement complied with the Fair Work Act and adhered to the principles of industrial justice. The Commission considered that the agreement met the minimum standards prescribed by the Fair Work Act.

The Fair Work Commission approved the Proserpine Public Kindergarten Early Childhood Education Collective Enterprise Agreement 2024. The agreement was to commence on 1 July 2024 and remain in effect until 30 June 2028, subject to the provisions of the Fair Work Act. The Commission's decision provided certainty for the employees and the employer and ensured that the agreement met the necessary legal standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established