Independent Education Union of Australia

Case

[2022] FWCA 3295

21 SEPTEMBER 2022


[2022] FWCA 3295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2022/3845)

Werris Creek & District Preschool Employee Enterprise Agreement 2022

Educational services

DEPUTY PRESIDENT DEAN

CANBERRA, 21 SEPTEMBER 2022

Application for approval of the Werris Creek & District Preschool Employee Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Werris Creek & District Preschool Employee Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

  1. I note that the provisions at clause 30 and clause 31 of the Agreement concerning casual conversion are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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.

  1. The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2022. The nominal expiry date of the Agreement is 28 September 2025.

DEPUTY PRESIDENT

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