Independent Education Union of Australia

[2023] FWCA 665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Education Union of Australia

(AG2023/275)

Towri MACS Early Childhood Employee Collective Agreement 2021

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 MARCH 2023

Application for approval of the Towri MACS Early Childhood Employee Collective Agreement 2021 Application for approval of the Towri MACS Early Childhood Employee Collective Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Towri MACS Early Childhood Employee Collective Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Towri Aboriginal Corporation (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 27 January 2023. Those undertakings are attached at Annexure A and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Independent Education Union of Australia and the Towri MACS Early Childhood, with the dispute being the approval of the Towri MACS Early Childhood Employee Collective Agreement 2021. The matter was heard in the Fair Work Commission of Australia. The union sought approval of the agreement under the Fair Work Act 2009, which requires that certain criteria be met for the agreement to be approved. The central legal issues revolved around whether the agreement complied with the provisions of the Act and whether it met the necessary standards for approval.

The court considered whether the agreement contained all the mandated terms and conditions of employment, including minimum rates of pay and other entitlements, and whether it adhered to the procedural requirements set out in the Act. Additionally, the court examined if the agreement was made in good faith and without coercion, and whether it was certified by a relevant independent certified bargainer. The union presented evidence and arguments to demonstrate that the agreement met all these criteria.

After evaluating the evidence and arguments, the court found that the agreement was compliant with the requirements of the Fair Work Act. It was determined that the agreement contained all necessary terms and conditions, was made in good faith, and was certified by an independent party. Consequently, the court approved the Towri MACS Early Childhood Employee Collective Agreement 2021. The decision was made in the interest of ensuring fair and reasonable terms of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established