Independent Education Union of Australia

[2024] FWCA 2105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2024/1636)

GOONDIWINDI KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 12 JUNE 2024

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

Introduction

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

Notice of Employee Representational Rights (NERR)

The NERR issued to employees was erroneous in that it referred to the title of the Agreement as “Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2023” [emphasis added]. The title clause of the Agreement states that the agreement title is the “Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2024” [emphasis added]. The IEU provided submissions that this matter constituted a minor technical error.

I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Section 190 Undertakings

Goondiwindi Kindergarten Association Inc. (the Employer) provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

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

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

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

ANNEXURE A

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Independent Education Union of Australia to approve the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2024. The dispute centred on the terms and conditions of employment for early childhood educators within the specified region. The application was heard by the Commission, tasked with ensuring the agreement complied with the relevant industrial legislation.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. This included ensuring that the agreement was in the best interests of the employees, provided fair and reasonable terms and conditions, and was free from any unfair provisions. The Commission also had to consider the procedural fairness of the agreement, ensuring that it was negotiated in good faith and that the parties had the necessary capacity to enter into the agreement.

In its decision, the Commission examined the terms of the proposed agreement in detail, assessing whether they met the statutory criteria. The Commission found that the agreement generally provided fair and reasonable terms and conditions for the employees, taking into account the unique nature of early childhood education work. It also found that the negotiation process had been conducted in good faith and that the parties had the necessary capacity to enter into the agreement. The Commission concluded that the agreement was in the best interests of the employees and approved the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2024.

The Fair Work Commission approved the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2024, effective from the date of the decision. The Commission's approval ensures that the terms and conditions set out in the agreement will govern the employment of early childhood educators in the specified region, providing them with a fair and reasonable framework for their work. The decision also confirms the validity of the negotiation process and the capacity of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established