Independent Education Union of Australia

[2024] FWCA 1296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Education Union of Australia

(AG2024/997)

INNISFAIL COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER DURHAM	BRISBANE, 11 APRIL 2024

Application for approval of the Innisfail Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Innisfail Community Preschool & 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

The matter before the Fair Work Commission involved an application for the approval of the Innisfail Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2024. The application was made by the Independent Education Union of Australia. The dispute centred on the terms and conditions of employment for the workers at the Innisfail Community Preschool & Kindergarten, including wages, working hours, leave entitlements, and other employment-related matters. The Commission had to determine whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement provided for the safety nets and minimum terms and conditions as required by the Fair Work Act and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions, including provisions for wages and conditions that were no worse off than the relevant national employment standards.

The Commission examined the proposed agreement clause by clause, considering its alignment with the relevant national employment standards and whether it provided for fair and reasonable terms and conditions. It was noted that the agreement included provisions for minimum wage rates, working hours, leave entitlements, and other employment conditions. The Commission found that the agreement met the necessary safety nets and minimum terms and conditions and was made in good faith and without coercion. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Innisfail Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2024, effective from the date of the decision. The agreement was deemed to provide for fair and reasonable terms and conditions for the employees and met all legal requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established