Independent Education Union of Australia

[2023] FWCA 1714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2023/1662)

CANNON HILL KINDERGARTEN AND COMMUNITY PRE-SCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT O’KEEFFE	PERTH, 14 JUNE 2023

Application for approval of the Cannon Hill Kindergarten and Community Pre-School Early Childhood Education Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Cannon Hill Kindergarten and Community Pre-School 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 the Independent Education Union of Australia (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Independent Education Union 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 Independent Education Union.

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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia applied for approval of the Cannon Hill Kindergarten and Community Pre-School Early Childhood Education Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, seeking that the agreement be registered as a lawful agreement, and that it be extended to the employees of Cannon Hill Kindergarten and Community Pre-School who were covered by the agreement.

The legal issues before the Commission involved determining whether the agreement was appropriately made, if it contained all necessary provisions, and if it complied with the requirements set out in the Fair Work Act. The Commission had to assess whether the agreement was made in good faith, whether it was free from any coercion or undue influence, and if it covered all essential matters as required by the Act.

After reviewing the evidence and submissions, the Commission found that the agreement was appropriately made and contained all the necessary provisions. The Commission concluded that the agreement was fair and balanced, and met the criteria for registration under the Fair Work Act. The Commission approved the agreement and ordered that it be registered as a lawful agreement. The agreement was also extended to cover the employees of Cannon Hill Kindergarten and Community Pre-School, who were not party to the agreement but were within the scope of its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established