Independent Education Union of Australia

Case [2023] FWCA 85
[2023] FWCA 85

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/5015)

LITTLE MIRACLES COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2022

Educational services

DEPUTY PRESIDENT DOBSON

BRISBANE, 10 JANUARY 2023

Application for approval of the Little Miracles Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Little Miracles Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia – Queensland and Northern Territory Branch (the Applicant). The Agreement is a single enterprise agreement

  1. The Applicant has provided written undertakings. 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.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to s.190(3) of the Act, I accept the undertakings.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Independent Education Union of Australia – Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

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

DEPUTY PRESIDENT

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Details
AGLC
Independent Education Union of Australia [2023] FWCA 85
Case
[2023] FWCA 85
Decision Date

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Independent Education Union of Australia and Little Miracles Community Kindergarten. The union sought approval of the 2022 collective enterprise agreement, which outlined the terms and conditions of employment for early childhood educators within the kindergarten. The nature of the dispute was the union's request for the Commission to approve the agreement, ensuring it met the necessary standards under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the relevant minimum standards, and whether it was negotiated in good faith. The Commission had to consider the specific provisions of the agreement, including pay rates, working hours, leave entitlements, and other employment terms. Additionally, the Commission examined whether the union had adequately represented the interests of the employees in the negotiation process.

The Commission, after thorough examination, found that the agreement met the necessary standards for approval. The agreement was deemed to provide for fair and reasonable terms and conditions, and it complied with the relevant minimum standards. The Commission also determined that the agreement had been negotiated in good faith by the union. Consequently, the Commission approved the agreement, ensuring that the terms and conditions of employment for the early childhood educators at Little Miracles Community Kindergarten would be legally binding and enforceable.

The Commission's final order was the approval of the Little Miracles Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022, effective from the date of the decision. This decision provided clarity and certainty for both the union and the kindergarten regarding the terms and conditions of employment, ensuring that the agreement would be implemented as intended.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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