Independent Education Union of Australia Summary

[2024] FWCA 2098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2024/1635)

COOKTOWN KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 6 JUNE 2024

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

The Independent Education Union (IEU) has made an application for approval of an enterprise agreement known as the Cooktown 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.

Section 190 Undertakings

Cooktown 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 13 June 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Independent Education Union of Australia, acting on behalf of its members, applied to the Fair Work Commission for the approval of the Cooktown Kindergarten Early Childhood Education Collective Enterprise Agreement 2024. The application was contested by the Cooktown Kindergarten Early Childhood Education Employer Association, which argued that certain provisions of the agreement were not compliant with existing legislative and regulatory frameworks.

The key legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it complied with relevant minimum standards, including those pertaining to employee entitlements and working conditions. The Commission needed to consider if the agreement provided fair and reasonable terms for both employees and employers, ensuring compliance with national employment laws.

In reaching its decision, the Fair Work Commission examined the agreement in detail, focusing on the provisions contested by the employer association. The Commission concluded that the agreement generally provided fair and reasonable terms for the employees and did not contravene the statutory requirements for approval. The Commission found that the contested provisions were compliant with the relevant laws and regulations, ensuring that they met the minimum standards prescribed by the Fair Work Act 2009. Consequently, the Commission approved the Cooktown Kindergarten Early Childhood Education Collective Enterprise Agreement 2024, confirming its validity and enforceability.

The Commission ordered the approval of the Cooktown Kindergarten Early Childhood Education Collective Enterprise Agreement 2024, effective from the date of the decision. This decision ensures that the agreement is legally binding between the parties and enforceable under the Fair Work Act 2009.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established