Independent Education Union of Australia

Case •

[2022] FWCA 3968

•

11 NOVEMBER 2022
[2022] FWCA 3968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/4401)

HOWLONG PRESCHOOL ASSOCIATION STANDARDS BASED ENTERPRISE AGREEMENT 2022

Educational services

COMMISSIONER P RYAN

SYDNEY, 11 NOVEMBER 2022

Application for approval of the Howlong Preschool Association Standards Based Enterprise Agreement 2022

  1. The Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Howlong Preschool Association Standards Based Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The employer, Howlong Preschool Association Inc., 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.

Section 186, 187, 188 and 190

  1. 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.

Model Flexibility Term

  1. The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Section 183 Bargaining representative

  1. The IEU being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the IEU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 18 November 2022. The nominal expiry date of the Agreement is 25 January 2025.

COMMISSIONER

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