Independent Education Union of Australia Summary

[2022] FWCA 4485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Independent Education Union of Australia

(AG2022/5048)

WARWICK COMMUNITY KINDERGARTEN COLLECTIVE ENTERPRISE AGREEMENT 2022-2025

Educational services
COMMISSIONER SPENCER	BRISBANE, 20 DECEMBER 2022

Application for approval of the Warwick Community Kindergarten Collective Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Warwick Community Kindergarten Collective Enterprise Agreement 2022-2025 (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 (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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 27 December 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER
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CaseChat Overview and Summary

The Independent Education Union of Australia applied to the Fair Work Commission to approve the Warwick Community Kindergarten Collective Enterprise Agreement 2022-2025. The Warwick Community Kindergarten opposed the application. The central issue before the Commission was whether the proposed enterprise agreement was in the public interest. The Commission had to determine if the agreement was fair and reasonable, and whether it met the statutory requirements under the Fair Work Act.

In considering the application, the Commission examined the contents of the proposed agreement, including the terms and conditions of employment, remuneration, and other benefits provided to employees. The Commission also assessed the impact of the proposed agreement on the financial viability of the Warwick Community Kindergarten and its ability to provide quality education and care services to the community. The Commission considered the evidence and submissions from both parties, including the views of the employees and the management of the Warwick Community Kindergarten.

After careful consideration, the Commission determined that the proposed enterprise agreement was in the public interest. The Commission found that the agreement was fair and reasonable, and met the statutory requirements under the Fair Work Act. The Commission also found that the agreement would not have an adverse impact on the financial viability of the Warwick Community Kindergarten or its ability to provide quality education and care services to the community. The Commission approved the Warwick Community Kindergarten Collective Enterprise Agreement 2022-2025.

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