Independent Education Union of Australia

[2024] FWCA 1305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia

(AG2024/996)

MOURILYAN & DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER DURHAM	BRISBANE, 11 APRIL 2024

Application for approval of the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Independent Education Union of Australia Queensland and Northern Territory Branch (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 will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Independent Education Union of Australia, the applicant sought approval for the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2024. The application was lodged with the Fair Work Commission, which was tasked with determining whether the agreement should be approved as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements and standards for a valid enterprise agreement.

The central legal issue was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically in relation to the enterprise bargaining process, the terms and conditions it contained, and the procedural fairness shown in its development. The court had to examine whether the agreement was genuinely negotiated between the parties, if it adhered to the statutory requirements, and if it was in the best interests of the employees.

The Fair Work Commission, after reviewing the application and considering the evidence presented, found that the agreement was properly negotiated and complied with the statutory requirements of the Act. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The Commission approved the agreement, which will now be registered as a collective enterprise agreement under the Fair Work Act.

In approving the agreement, the Commission ordered that the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 be registered and that it would come into effect on the date specified in the agreement. This decision provides certainty and legal validity to the terms of the agreement for the duration of its operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established