Independent Education Union of Australia Summary

[2024] FWCA 420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2023/5115)

BERALA JACK AND JILL PRE-SCHOOL KINDERGARTEN INC. EMPLOYEE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 JANUARY 2024

Application for approval of the Berala Jack & Jill Pre-School Kindergarten Inc. Employee Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Berala Jack & Jill Pre-School Kindergarten Inc. Employee Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Independent Education Union of Australia (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 28 January 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020, the Children Services Award 2010 and the Clerks (Private Sector) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2024. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Independent Education Union of Australia sought approval for the Berala Jack & Jill Pre-School Kindergarten Inc. Employee Agreement 2023, in a case before the Fair Work Commission. The application was brought to ensure the agreement met the necessary standards and requirements under the Fair Work Act 2009. The Union argued that the agreement, which outlined terms and conditions of employment for staff at the kindergarten, was appropriate for the workforce and complied with the relevant legislative framework.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 233 of the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions, taking into account various factors such as the nature of the work, the level of skill required, and the employment standards applicable to the workforce. The Commission also had to consider whether the agreement adequately protected the rights and interests of the employees.

In reaching its decision, the Fair Work Commission carefully reviewed the contents of the proposed agreement and assessed it against the statutory criteria. The Commission noted that the agreement provided for fair remuneration, reasonable working hours, and appropriate conditions for the employees. It found that the agreement was consistent with the Fair Work Act and would not have an adverse effect on the employees' rights and entitlements. Based on this assessment, the Commission approved the Berala Jack & Jill Pre-School Kindergarten Inc. Employee Agreement 2023.

The Fair Work Commission's decision concluded that the proposed agreement was suitable for approval and met the necessary legislative standards. The Commission's approval was based on the agreement's alignment with the Fair Work Act and its provision of fair and reasonable terms and conditions for the employees of the kindergarten. The final orders of the Commission were to approve the agreement, thereby allowing it to come into effect and regulate the employment terms of the kindergarten staff.

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