Independent Education Union of Australia

[2023] FWCA 1864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Education Union of Australia

(AG2023/1640)

RAVENSHOE KINDERGARTEN & PLAYGROUP INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER DURHAM	BRISBANE, 23 JUNE 2023

Application for approval of the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education 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 IEU). The Agreement is a single enterprise agreement.

The application was required to be filed within 14 days after it was made on 12 May 2023 in accordance with s.185(3) of the Act. As it was not filed until 30 May 2023, it was filed four days after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The IEU 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 IEU.

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 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Ravenshoe Kindergarten & Playgroup Inc Early Childhood Education Enterprise Agreement 2023. The Independent Education Union of Australia sought approval of the agreement, which aimed to establish terms and conditions for employees working in early childhood education settings within the relevant region. The agreement sought to cover various aspects including wages, leave entitlements, and other employment conditions.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable outcome for all parties, and if it adhered to the provisions of the Act and the Fair Work (Registered Organisations) Act 2009. The Commission also considered whether the agreement had been made in good faith and whether it complied with the Better Off Overall Test (BOOT).

In delivering its decision, the Commission examined the terms of the agreement in detail, considering submissions from both the union and the employer. The Commission found that the agreement provided for a fair and reasonable outcome for employees, and that it met all statutory requirements for approval. The agreement was found to comply with the BOOT, providing employees with better pay and conditions than those provided for under the relevant award. The Commission was satisfied that the agreement had been made in good faith and was in the best interests of the employees. Accordingly, the Commission approved the agreement, which will now apply to employees within the relevant region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established