Independent Education Union of Australia

[2018] FWCFB 4433

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.302 - Application for an equal remuneration order

Independent Education Union of Australia

(C2013/6333)

VICE PRESIDENT HATCHER
DEPUTY PRESIDENT DEAN
COMMISSIONER SAUNDERS

SYDNEY, 27 JULY 2018

The Full Bench considers, on the basis of the opening submissions received on 26 July 2018 as well as our very preliminary perusal of the evidentiary and other materials filed to date, that there may be an issue as to whether the minimum rates of pay applicable to early childhood teachers in the Educational Services (Teachers) Award 2010 are properly set having regard to the value of the work performed by such teachers.

This proceeding is being conducted outside the current 4-yearly review of modern awards. We note that the Commission has the power under s 157(2) and (3) of the Fair Work Act 2009 to make a determination varying the minimum wages in a modern award for work value reasons on its own initiative as well as upon application.

We invite the parties to give consideration to this potential issue in the future conduct of the proceeding.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for an equal remuneration order brought by the Independent Education Union of Australia, the Fair Work Commission Full Bench was tasked with considering whether the minimum rates of pay for early childhood teachers in the Educational Services (Teachers) Award 2010 were appropriately set based on the value of the work performed by these teachers. The case arose outside the usual four-yearly review of modern awards, prompting the Commission to exercise its power under the Fair Work Act 2009 to make a determination regarding minimum wages based on work value reasons. The Bench indicated that the parties should consider this potential issue during the proceeding.

The legal issues before the Commission involved assessing the adequacy of the minimum pay rates for early childhood teachers as set out in the award, with a focus on whether these rates correctly reflected the value of the work carried out by these teachers. The Commission needed to determine if the current award rates were sufficient and if there was a basis for varying these rates to ensure they appropriately compensated teachers for the work they perform.

The Commission, while noting the preliminary materials, recognised the importance of a thorough examination of the evidence and arguments presented by the parties regarding the value of the work performed by early childhood teachers. The Bench highlighted its authority to make a determination on its own initiative and invited the parties to address the potential issue of whether the current minimum rates were adequate. The Full Bench's decision to consider the matter outside the scheduled review underscores the Commission's commitment to ensuring fair remuneration based on the value of work performed.

The final orders of the Commission were to invite the parties to address the potential issue of the adequacy of the minimum rates of pay for early childhood teachers in the Educational Services (Teachers) Award 2010 and to consider the matter further based on the evidence and arguments presented. The Bench's decision aimed to ensure that the award's minimum rates properly reflected the value of the work performed by early childhood teachers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established