Independent Education Union of Australia

[2023] FWCA 1524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2023/1384)

PIONEER COMMUNITY PRE-SCHOOL AND KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2022

Educational services
COMMISSIONER SPENCER	BRISBANE, 29 MAY 2023

Application for approval of the Pioneer Community Pre-School and Kindergarten Early Childhood Education Collective Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Pioneer Community Pre-School and Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia (IEU/the Applicant). The Employer is The Pioneer Community Pre-School and Kindergarten Association Inc (the Employer). The Agreement is a single enterprise agreement.

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

The IEU 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 section 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 June 2023. 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 Independent Education Union of Australia applied to the Fair Work Commission for approval of the Pioneer Community Pre-School and Kindergarten Early Childhood Education Collective Enterprise Agreement 2022. The application was opposed by the Pioneer Community Pre-School and Kindergarten. The dispute centred on whether the terms of the proposed agreement were fair and reasonable in the circumstances, given the specific considerations of the early childhood education sector.

The Commission considered whether the agreement provided for appropriate remuneration and conditions for the employees, ensuring they were not disadvantaged compared to similar employees in the sector. It also examined if the agreement allowed for adequate flexibility to meet the operational needs of the pre-school while protecting the interests of the employees. The Commission needed to balance the rights and obligations of both parties and ensure compliance with the relevant legislative framework.

After reviewing the evidence and submissions, the Commission found that the agreement provided fair and reasonable terms for the employees. It appropriately addressed the specific needs of the early childhood education sector and allowed for necessary operational flexibility. The Commission was satisfied that the agreement did not place the employees at a disadvantage and that it complied with the relevant provisions of the Fair Work Act. Consequently, the Commission approved the Pioneer Community Pre-School and Kindergarten Early Childhood Education Collective Enterprise Agreement 2022.

The Fair Work Commission approved the Pioneer Community Pre-School and Kindergarten Early Childhood Education Collective Enterprise Agreement 2022, effective from the date of the decision. The approval ensures that the agreement's terms and conditions are fair and reasonable for the employees, reflecting the unique requirements of the early childhood education sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established