Independent Education Union of Australia Summary

[2023] FWCA 899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2023/483)

BOOPA WEREM KINDERGARTEN EARLY CHILDHOOD COLLECTIVE EDUCATION ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER SPENCER	BRISBANE, 24 MARCH 2023

Application for approval of the Boopa Werem Kindergarten Early Childhood Collective Education Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Boopa Werem Kindergarten Early Childhood Collective 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 Employer is Boopa Werem Kindergarten and Preschool Association Incorporated Trading as Boopa Werem Kindergarten and Preschool (the Employer). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings by the Employer, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the Employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

COMMISSIONER

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CaseChat Overview and Summary

The application before the Full Bench of the Fair Work Commission concerns the approval of the Boopa Werem Kindergarten Early Childhood Collective Education Enterprise Agreement 2023. The applicants, representing the Independent Education Union of Australia, sought approval of the agreement, which was opposed by the employer, Boopa Werem Kindergarten. The dispute revolves around various provisions within the agreement, including pay rates, working conditions, and procedural fairness.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009. The key points of contention were whether the provisions of the agreement met the criteria for approval under the Act, specifically whether the agreement was sufficiently free from any improper influence or contained any terms that were unfair or unreasonable. The applicants argued that the agreement was fair and reasonable, while the employer contended that certain provisions were not in line with the statutory requirements.

The court examined the provisions of the agreement in detail, assessing whether they met the standards for fairness and reasonableness as outlined in the Fair Work Act. The court considered the nature of the early childhood education sector, the bargaining positions of the parties, and the overall context of the agreement. The court found that while some provisions were contentious, the majority of the agreement was fair and reasonable, and met the necessary criteria for approval. The court was satisfied that the process leading to the agreement was free from any improper influence.

In light of the findings, the court approved the Boopa Werem Kindergarten Early Childhood Collective Education Enterprise Agreement 2023. The decision confirmed that the agreement would be binding on the parties and would provide a framework for the employment conditions of the early childhood educators within the Boopa Werem Kindergarten.

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