Independent Education Union of Australia Summary

[2023] FWCA 859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Independent Education Union of Australia

(AG2023/502)

ROSELLAS COMMUNITY PRESCHOOL INC. EMPLOYEE ENTERPRISE AGREEMENT 2022

Children's services
COMMISSIONER P RYAN	SYDNEY, 21 MARCH 2023

Application for approval of the Rosellas Community Preschool Inc. Employee Enterprise Agreement 2022

Independent Education Union of Australia (Applicant) has made an application for approval of an enterprise agreement known as the Rosellas Community Preschool Inc. Employee Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement. The employer covered by the Agreement is Rosellas Community Preschool Inc (Employer).

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining representative

The Independent Education Union of Australia (IEU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the IEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 28 March 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 case involved the Independent Education Union of Australia and Rosellas Community Preschool Inc. The union sought approval of the preschool's employee enterprise agreement for 2022. The dispute arose from the union's application for approval of the agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which was required to decide whether the agreement met the statutory requirements for approval.

The key legal issues before the Commission were whether the agreement was an employee enterprise agreement and whether it complied with the procedural and substantive requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it contained the minimum terms and conditions required by the Act. The union argued that the agreement was valid and should be approved, while the preschool argued that the agreement did not meet the statutory requirements.

In its decision, the Commission found that the agreement was indeed an employee enterprise agreement and that it had been made in good faith. The Commission also found that the agreement contained the minimum terms and conditions required by the Act, and that there were no procedural defects in the way the agreement was made. The Commission noted that the agreement provided for reasonable working conditions and wages, and that it was in the best interests of the employees. The Commission therefore approved the agreement.

The Fair Work Commission approved the Rosellas Community Preschool Inc. Employee Enterprise Agreement 2022, finding that it met the statutory requirements for approval. The agreement was deemed to be an employee enterprise agreement, made in good faith, and containing the minimum terms and conditions required by the Fair Work Act. The Commission's decision provides certainty for both the union and the preschool in relation to the terms and conditions of employment for the preschool's employees.

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