Independent Education Union of Australia Summary

[2024] FWCA 785

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2024/323)

ROCKHAMPTON SOUTH KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER MCKINNON	SYDNEY, 1 MARCH 2024

Application for approval of the Rockhampton South Kindergarten Early Childhood Education Collective Enterprise Agreement 2023

Independent Education Union of Australia has applied for approval of a single enterprise agreement known as the Rockhampton South Kindergarten Early Childhood Education Collective Enterprise Agreement 2023 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 8 March 2024. The nominal expiry date of the Agreement is 31 December 2026.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Independent Education Union of Australia, which sought approval of the Rockhampton South Kindergarten Early Childhood Education Collective Enterprise Agreement 2023. The agreement in question was entered into between the union and Rockhampton South Kindergarten, with the aim of governing the terms and conditions of employment for the early childhood educators working at the kindergarten. The application was heard by the Commission in its capacity as an industrial court.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the criteria for "genuine agreement" and "in good faith", and whether it provided for the "fair and reasonable" terms and conditions of employment for the workers. The Commission also had to consider whether the agreement complied with the minimum standards prescribed by the National Employment Standards and other relevant industrial instruments.

After reviewing the evidence and submissions presented by both parties, the Commission found that the agreement satisfied all the necessary legal criteria. The Commission determined that the agreement was genuinely negotiated between the union and the employer, and that it contained terms and conditions that were fair and reasonable for the workers. The Commission also concluded that the agreement did not derogate from the minimum standards set out in the National Employment Standards or any other relevant industrial instruments. Based on these findings, the Commission approved the Rockhampton South Kindergarten Early Childhood Education Collective Enterprise Agreement 2023, and the application was accordingly granted. The Commission ordered that the agreement be registered and given effect from the date of the decision.

Independent Education Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established