Independent Education Union of Australia Summary

[2022] FWCA 4569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/5237)

Wombats Playschool Inc Employee Collective Agreement 2021-2023

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 DECEMBER 2022

Application for approval of the Wombats Playschool Inc Employee Collective Agreement 2021-2023

An application has been made for approval of an enterprise agreement known as the Wombats Playschool Inc Employee Collective Agreement 2021-2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Independent Education Union of Australia. The Agreement is a single enterprise agreement.

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

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 December 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission for approval of the Wombats Playschool Inc Employee Collective Agreement 2021-2023. The dispute centred around the terms and conditions of employment for the staff at Wombats Playschool, including matters such as wages, hours of work, leave provisions, and other employment-related conditions. The Commission was tasked with ensuring that the proposed agreement met the requirements of the Fair Work Act 2009 and did not contain any terms that were against public policy.

The legal issues before the Commission involved assessing whether the proposed agreement complied with the various provisions of the Fair Work Act, including those relating to minimum standards, good faith bargaining, and the prohibition of terms that contravene public policy. The Commission had to examine each clause of the agreement to determine if it met these criteria and was fair and reasonable in all the circumstances.

The Commission found that the proposed agreement largely complied with the requirements of the Fair Work Act. It determined that the agreement contained appropriate terms and conditions of employment that were fair and reasonable, and did not contravene any provisions of the Act or public policy. The Commission noted that while some minor amendments were required to ensure full compliance, these were relatively straightforward and did not affect the overall fairness of the agreement. Consequently, the Commission approved the agreement subject to these amendments.

The Fair Work Commission approved the Wombats Playschool Inc Employee Collective Agreement 2021-2023, with minor amendments to ensure full compliance with the Fair Work Act. The approved agreement is now in effect, governing the employment terms and conditions of the staff at Wombats Playschool.

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