Independent Education Union of Australia Summary

[2023] FWCA 1739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2023/1288)

SOS PRESCHOOL INC. EMPLOYEE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 JUNE 2023

Application for approval of the SOS Preschool Inc. Employee Agreement 2023.

An application has been made for approval of an enterprise agreement known as the SOS Preschool Inc. Employee Agreement 2023. (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, 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 Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 June 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, SOS Preschool Inc. sought approval for its Employee Agreement 2023 from the Fair Work Commission. The Independent Education Union of Australia contested the application, arguing that the agreement failed to meet certain statutory standards. The central issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act 2009, particularly concerning the fairness and reasonableness of its terms and conditions.

The Commission meticulously reviewed the provisions of the proposed agreement, focusing on aspects such as minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. It was essential to determine whether these provisions met the criteria of being fair and reasonable, as mandated by the Act. The Commission considered submissions from both parties, along with relevant legislative provisions and precedents, to reach its decision.

Upon thorough examination, the Commission found that the Employee Agreement 2023 largely adhered to the statutory requirements, with only minor adjustments needed to ensure full compliance. The Commission emphasised that while the agreement was generally fair and reasonable, certain provisions required modification to align precisely with the Act's stipulations. Consequently, the Commission approved the agreement subject to these specified amendments, ensuring it met all necessary legal standards.

The final orders required SOS Preschool Inc. to revise the Employee Agreement 2023 in accordance with the Commission's directions. These modifications aimed to address the identified areas of non-compliance and ensure the agreement was fair and reasonable as required by the Fair Work Act 2009.

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