Bexley Jack and Jill Preschool Inc
[2024] FWCA 3403
•27 SEPTEMBER 2024
| [2024] FWCA 3403 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bexley Jack and Jill Preschool Inc
(AG2024/3288)
BEXLEY JACK AND JILL PRESCHOOL INC. EMPLOYEE ENTERPRISE AGREEMENT
| Educational services industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 27 SEPTEMBER 2024 |
Application for approval of the Bexley Jack and Jill Preschool Inc. Employee Enterprise Agreement
Introduction
The Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Bexley Jack and Jill Preschool Inc. Employee Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Rate of Pay Comparison
The comparison table provided by Jack and Jill Preschool Inc (the Employer) in the Form F17A showed that Level 2.1 Children’s services employees were 0.22% below the Award and raised the concern that Level 2.1 adult and casual employees may not be considered better off overall for the purpose of s.193 of the Act.
The IEU submitted that the comparison table provided to the Commission was incorrect. The IEU subsequently provided an updated comparison table which showed that the Agreement rates were higher than the Award rates. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the Commission and do so pursuant to s.586(a) of the Act.
Section 190 Undertakings
The Employer provided written undertakings. A copy of the undertakings is attached in Schedule 3. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The Independent Education Union of Australia (IEU) 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 IEU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2024. The nominal expiry date of the Agreement is 4 October 2027.
DEPUTY PRESIDENT
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