Budgewoi Halekulani Preschool Kindergarten Inc

[2020] FWCA 2769

[2020] FWCA 2769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Budgewoi Halekulani Preschool Kindergarten Inc
(AG2020/1347)

BUDGEWOI HALEKULANI PRESCHOOL KINDERGARTEN INC. TEACHERS’ ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 28 MAY 2020

Application for approval of the Budgewoi Halekulani Preschool Kindergarten Inc. Teachers’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Budgewoi Halekulani Preschool Kindergarten Inc. Teachers’ Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Budgewoi Halekulani Preschool Kindergarten Inc. The Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that clause 24.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 27 May 2024.

DEPUTY PRESIDENT

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