Independent Education Union of Australia

[2024] FWCA 1200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Education Union of Australia

(AG2024/817)

RODERICK STREET COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER DURHAM	BRISBANE, 4 APRIL 2024

Application for approval of the Roderick Street Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Roderick Street Community 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 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.

On 3 April 2024, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 1.1 and the title page. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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 was an application by the Independent Education Union of Australia to approve the Roderick Street Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024. The union sought approval under section 230 of the Fair Work Act 2009, arguing that the agreement had been fairly and properly negotiated. The application was opposed by the employer, who raised concerns about specific provisions within the agreement, including those related to working conditions, leave entitlements, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement had indeed been fairly and properly negotiated, and if it complied with the requirements of the Fair Work Act. The Commission had to consider if the union had genuinely represented its members in the negotiation process and whether the agreement met the criteria for public interest considerations. Furthermore, the Commission examined if the agreement contained terms that were not reasonably appropriate to the circumstances of the enterprise, and if it adhered to the procedural requirements for the negotiation and approval of enterprise agreements.

The Fair Work Commission found that the union had properly represented its members in the negotiation process and that the agreement met the necessary criteria for approval. The Commission acknowledged the union's efforts in ensuring that the terms of the agreement were fair and appropriate for the employees of the Roderick Street Community Kindergarten. After carefully reviewing the provisions of the agreement, the Commission concluded that the agreement did not contain any terms that were not reasonably appropriate to the circumstances of the enterprise. Additionally, the Commission determined that all procedural requirements had been complied with, and the agreement was in the public interest. Consequently, the Commission approved the application and granted the requested approval under section 230 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established