Independent Education Union of Australia

[2013] FWCA 4121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Independent Education Union of Australia
(AG2013/1545)

KIPPA RING KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2010

Educational services
COMMISSIONER SIMPSON	BRISBANE, 26 JUNE 2013

Application for variation of the Kippa Ring Kindergarten & Pre School Early Childhood Education Enterprise Agreement 2010.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by the Independent Education Union of Australia for the approval of a variation to the Kippa Ring Kindergarten & Pre School Early Childhood Education Enterprise Agreement 2010 (“the Agreement”).

[2] The Company and the employees have reached agreement on the variation.

[3] The Agreement is varied in accordance with Appendix A of this decision. The variation is approved and will come in force from 26 June 2013 and shall remain in force for the duration of the Agreement.

[4] A consolidated copy of the Agreement is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied for a variation of the Kippa Ring Kindergarten & Pre School Early Childhood Education Enterprise Agreement 2010. The application was made in the Fair Work Commission. The union sought changes to the agreement including increased wages, changes to working conditions, and provisions for additional leave. The dispute centred around whether the proposed changes were necessary to address the unique circumstances of the early childhood education sector, and whether they were fair and reasonable.

The legal issues before the commission involved interpreting the terms of the existing agreement, assessing the fairness and reasonableness of the proposed changes, and determining whether the changes were necessary to address the specific needs of the early childhood education sector. The commission had to consider the principles of good faith bargaining and the need to maintain a productive and harmonious workplace. The union argued that the proposed changes were necessary to address issues of underpayment and poor working conditions, while the employer argued that the changes were excessive and not warranted.

After hearing evidence from both parties and considering relevant precedents, the commission found that some of the proposed changes were necessary to address the specific needs of the early childhood education sector. The commission varied the agreement to increase wages and improve working conditions, but rejected some of the union's more contentious proposals. The commission emphasised the importance of good faith bargaining and the need for all parties to work together to maintain a productive and harmonious workplace.

The commission's decision provides guidance to employers and unions in the early childhood education sector on the types of changes that may be necessary to address issues of underpayment and poor working conditions. The decision also reinforces the importance of good faith bargaining and the need for all parties to work together to maintain a productive and harmonious workplace. The final orders included variations to the agreement to increase wages and improve working conditions, but rejected some of the union's more contentious proposals.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established