Independent Education Union of Australia

[2023] FWCA 753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2023/319)

JANNALI PRE-SCHOOL KINDERGARTEN INC AGREEMENT 2021

Children’s services
COMMISSIONER MCKINNON	SYDNEY, 28 MARCH 2023

Application for approval of the Jannali Pre-School Kindergarten IncAgreement 2021

The Independent Education Union of Australia has applied for approval of a single enterprise agreement known as the Jannali Pre-School Kindergarten Inc Agreement 2021 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, 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 Agreement is approved and will operate from 4 April 2023. The nominal expiry date of the Agreement is 4 April 2027.

The Agreement covers the Independent Education Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of the Independent Education Union of Australia, the Fair Work Commission was tasked with considering the approval of an agreement between the union and the Jannali Pre-School Kindergarten Inc. The matter involved the application for the registration of the Agreement which aimed to govern the employment terms and conditions of the pre-school's staff. The union sought approval of the agreement, arguing that it met the necessary criteria under the Fair Work Act 2009, while the pre-school also presented its stance on the agreement's implications for its operations.

The primary legal issue before the Commission was whether the agreement complied with the requirements set out in the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to assess if the agreement contained all the necessary minimum terms and conditions, whether it was fairly negotiated, and if it met the standards of good faith bargaining and procedural fairness. The agreement's implications for the operational autonomy of the pre-school, as well as its impact on the employees' rights, were also central to the decision-making process.

Upon reviewing the agreement, the Commission found that it satisfied the necessary criteria for approval. The agreement included all the required minimum terms and conditions and was the product of negotiations conducted in good faith. The Commission also determined that the agreement did not unjustifiably interfere with the pre-school's operational autonomy and adequately protected the rights of the employees. Consequently, the Fair Work Commission approved the Jannali Pre-School Kindergarten Inc Agreement 2021, recognising its compliance with the Fair Work Act and its potential to foster a fair and balanced workplace for both the pre-school and its staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established