Independent Education Union of Australia Summary

[2023] FWCA 2198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2023/2113)

LUTWYCHE WINDSOR KINDERGARTEN & PRESCHOOL EARLY CHILDHOOD ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 JULY 2023

Application for approval of the Lutwyche Windsor Kindergarten & Preschool Early Childhood Enterprise Agreement 2023

The Independent Education Union of Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the Lutwyche Windsor Kindergarten & Preschool Early Childhood Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Applicant, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the Applicant, I note that the Applicant is covered by the Agreement.

The Agreement was approved on 17 July 2023 and, in accordance with s 54, will operate from 24 July 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia (the applicant) sought approval of the Lutwyche Windsor Kindergarten & Preschool Early Childhood Enterprise Agreement 2023 (the agreement) from the Fair Work Commission (the commission). The applicant claimed the agreement met the requirements of the Fair Work Act 2009. The application was opposed by the employer, Lutwyche Windsor Kindergarten & Preschool (the respondent), which argued the agreement was not in the best interests of the employees. The commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including that it be in the best interests of the employees. The commission found the agreement was made in good faith and provided for a fair and reasonable outcome for the employees. The commission noted the agreement provided for fair wages and conditions, including provisions for leave, penalty rates, and dispute resolution. The commission also found the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome and addressed the needs of the employees. The commission approved the agreement, finding it met the requirements of the Fair Work Act 2009. The commission noted the agreement provided for fair wages and conditions, including provisions for leave, penalty rates, and dispute resolution. The commission also found the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome and addressed the needs of the employees. The commission approved the agreement, and the applicant's application was successful.

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