Budgewoi Halekulani Preschool Kindergarten Inc
[2020] FWCA 2768
•28 MAY 2020
| [2020] FWCA 2768 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Budgewoi Halekulani Preschool Kindergarten Inc
(AG2020/1345)
BUDGEWOI HALEKULANI PRESCHOOL KINDERGARTEN INC.MISCELLANEOUS EMPLOYEES ENTERPRISE AGREEMENT 2020
Children’s services | |
DEPUTY PRESIDENT DEAN | SYDNEY, 28 MAY 2020 |
Application for approval of the Budgewoi Halekulani Preschool Kindergarten Inc. Miscellaneous Employees Enterprise Agreement 2020.
[1] An application has been made for approval of an enterprise agreement known as the Budgewoi Halekulani Preschool Kindergarten Inc. Miscellaneous Employees 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 Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.
[3] 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.
[4] I observe that clauses 25.4 and 34.3 of the Agreement are 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2020. The nominal expiry date of the Agreement is 27 May 2024.
DEPUTY PRESIDENT
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Annexure A
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