Arndu St Paul’s Pre-School
[2023] FWCA 2502
•11 AUGUST 2023
| [2023] FWCA 2502 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Arndu St Paul’s Pre-School
(AG2023/2470)
THE ARNDU ST PAUL’S PRESCHOOL ENTERPRISE AGREEMENT 2023
| Educational services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 11 AUGUST 2023 |
Application for approval of the Arndu St Paul’s Preschool Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Arndu St Paul’s Preschool Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Arndu St Paul’s Pre-School (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 3 August 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020, the Children's Services Award 2010 and the Clerks—Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I have taken into account and am satisfied that each of the requirements of ss.186, 187, 188 (including the s.188B principles), 190, 193 and 193A 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 18 August 2023. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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