Independent Education Union of Australia

[2024] FWCA 1577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2024/1204)

CANTERBURY COMMUNITY CHILDCARE CENTRE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 APRIL 2024

Application for approval of the Canterbury Community Childcare Centre Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Canterbury Community Childcare Centre Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia (Employee Organisation) on behalf of the Canterbury Community Childcare Centre Inc Trading As Canterbury Community Childcare Centre Inc (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings provided to the Commission on 30 April 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020, the Children’s Services Award 2010 and the Clerks (Private Sector) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

NERR issue

There was an issue raised by the Commission with the Applicant regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Applicant provided on 30 April 2024, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]

There was also an issue raised by the Commission with the Applicant as to the title of the Agreement filed with the Commission (as approved by relevant employees). The Applicant has requested that the title of the Agreement be corrected (pursuant to s.586 of the Act), and has lodged a corrected version of the Agreement reflecting the correct Agreement title. I am satisfied that this correction should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make the correction.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2024. The nominal expiry date of the Agreement is 7 May 2027.

DEPUTY PRESIDENT

Annexure A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

[3] Ibid.

Printed by authority of the Commonwealth Government Printer

The matter involved the Independent Education Union of Australia seeking approval for the Canterbury Community Childcare Centre Agreement 2023. The dispute centred on whether the agreement adequately addressed the terms and conditions of employment for childcare workers and met statutory requirements. The case was heard in the Fair Work Commission.

The central legal issues the Commission had to address were whether the agreement appropriately defined the rights and obligations of both the employer and the employees, and whether it complied with the provisions of the Fair Work Act 2009. Additionally, the Commission had to determine if the agreement provided a fair and equitable balance between the interests of the employer and the employees.

The Fair Work Commission considered the overall provisions of the agreement and the evidence provided by both parties. It found that the agreement was comprehensive and provided for the rights, duties, and obligations of both the employer and the employees. The Commission noted that the agreement addressed key areas such as remuneration, working conditions, and dispute resolution mechanisms. It was concluded that the agreement met the statutory requirements and provided a fair and balanced outcome for both parties. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the Canterbury Community Childcare Centre Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to come into effect from the date of the Commission's decision and remain in force until terminated in accordance with its provisions.

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