Inaburra Communications Limited as trustee for Inaburra Preschool T/A Inaburra Preschool

[2020] FWCA 5884

[2020] FWCA 5884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inaburra Communications Limited as trustee for Inaburra Preschool T/A Inaburra Preschool
(AG2020/2871)

INABURRA PRE-SCHOOL EMPLOYEE ENTERPRISE AGREEMENT 2020-2024

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 NOVEMBER 2020

Application for approval of the Inaburra Pre-school Employee Enterprise Agreement 2020-2024.

[1] Inaburra Communications Limited as trustee for Inaburra Preschool T/A Inaburra Preschool (the Employer) has made an application for approval of an enterprise agreement known as the Inaburra Pre-school Employee Enterprise Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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 observe that clauses 29.6(a), 30.1(a-c) and 30.1(c)(ii) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 4 November 2020 and, in accordance with s 54, will operate from 11 November 2020. The nominal expiry date of the Agreement is 4 November 2024.

DEPUTY PRESIDENT

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Annexure A