Independent Education Union of Australia Summary

[2023] FWCA 2329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Education Union of Australia

(AG2023/2183)

LADY GOWRIE QUEENSLAND COMMUNITY KINDERGARTENS COLLECTIVE ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER DURHAM	BRISBANE, 27 JULY 2023

Application for approval of the Lady Gowrie Queensland Community Kindergartens Collective Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Lady Gowrie Queensland Community Kindergartens Collective Enterprise Agreement 2023 (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.

The Independent Education Union – Queensland and Northern Territory Branch (IEUQNT) 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 IEUQNT.

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 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia brought an application to the Fair Work Commission, seeking approval of the Lady Gowrie Queensland Community Kindergartens Collective Enterprise Agreement 2023. The agreement had been negotiated between the Union and the employer, and the Union sought a determination that the agreement met the requirements of the Fair Work Act. The Commission was required to consider whether the agreement complied with the procedural and substantive requirements of the Act.

The key legal issues for the Commission to determine were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether the agreement met the substantive requirements, including that it did not discriminate against employees or employers and provided for the protection of employees’ rights and entitlements. The Commission also needed to consider whether the agreement was in the best interests of the employees and the employers, and whether it provided for the efficient and productive operation of the workplace.

In its decision, the Commission found that the agreement had been made in accordance with the procedural requirements of the Act, and that it met the substantive requirements. The Commission noted that the agreement provided for the protection of employees' rights and entitlements, and that it was in the best interests of both employees and employers. The Commission also found that the agreement provided for the efficient and productive operation of the workplace, and that it was a fair and reasonable agreement. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the Commission were that the Lady Gowrie Queensland Community Kindergartens Collective Enterprise Agreement 2023 be approved, subject to the modifications made by the Commission. The modifications related to the calculation of penalty rates and the payment of allowances, and were intended to ensure that the agreement complied with the requirements of the Act. The Union and the employer were required to implement the approved agreement, and to provide copies of the agreement to the Commission and to the employees.

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