French-Australian Preschool Association Incorporated T/A French-Australian Preschool Association Inc

[2020] FWCA 784

[2020] FWCA 784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

French-Australian Preschool Association Incorporated T/A French-Australian Preschool Association Inc
(AG2019/4145)

FRENCH-AUSTRALIAN PRESCHOOL ENTERPRISE AGREEMENT (MANAGEMENT) 2019-2022

Children's services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the French-Australian Preschool Enterprise Agreement (Management) 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the French-Australian Preschool Enterprise Agreement (Management) 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by French-Australian Preschool Association Incorporated T/A French-Australian Preschool Association Inc. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 14.1 and 27 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2 of the undertaking provided, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 21 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507085  PR716725>

Annexure A