Independent Education Union of Australia

[2022] FWCA 4535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Education Union of Australia

(AG2022/5241)

Baulkham Hills Preschool Kindergarten Employees Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 DECEMBER 2022

Application for approval of the Baulkham Hills Preschool Kindergarten Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Baulkham Hills Preschool Kindergarten Employees Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia (IEUA). The Agreement is a single enterprise agreement.

Coverage of employee organisation

The IEUA, 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

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 28 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia, on behalf of its members employed by Baulkham Hills Preschool Kindergarten, applied for approval of the Baulkham Hills Preschool Kindergarten Employees Enterprise Agreement 2022. The respondents to the application were Baulkham Hills Preschool Kindergarten and the NSW Department of Education. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the relevant legislative provisions, and whether it contained appropriate dispute resolution mechanisms. The Commission noted that the agreement contained a wide range of provisions, including those relating to remuneration, leave, and conditions of employment. The Commission also considered the submissions made by the parties and relevant stakeholders, including the Australian Government and the NSW Government.

The Commission found that the agreement did comply with the relevant legislative provisions, and that it contained appropriate dispute resolution mechanisms. The Commission noted that the agreement provided for a range of dispute resolution options, including conciliation and arbitration, and that these options were consistent with the provisions of the Fair Work Act. The Commission also noted that the agreement contained a number of provisions that were designed to promote workplace harmony and cooperation, and that these provisions were consistent with the objectives of the Act.

The Commission approved the Baulkham Hills Preschool Kindergarten Employees Enterprise Agreement 2022, subject to certain modifications. These modifications related to the calculation of overtime rates and the provision of notice of termination of employment. The Commission noted that these modifications were necessary to ensure that the agreement complied with the relevant legislative provisions, and that they did not undermine the overall objectives of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established