Independent Education Union of Australia
[2022] FWCA 2763
•15 AUGUST 2022
| [2022] FWCA 2763 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2022/3297)
Valla Community Preschool Enterprise Agreement 2021-2024
| Educational services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 15 AUGUST 2022 |
Application for approval of the Valla Community Preschool Enterprise Agreement 2021-2024.
An application has been made for approval of an enterprise agreement known as the Valla Community Preschool Enterprise Agreement 2021-2024 (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 (IEU). The Agreement is a single enterprise agreement.
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.
The IEU, 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) I note that the Agreement covers the organisation.
The IEU identified an omission of the rates of pay for the Children’s Services Employee (CSE) Level 1.4 classification from the Agreement. The IEU sought to correct the omission pursuant to s.586 of the Act and provided amended pages containing the revised wage tables. It was submitted that notwithstanding the employer does not presently employ any Level 1.4 CSE, the correction provides for improved benefits and will ensure the Agreement satisfies the Better Off Overall Test. Having considered the submissions made by the IEU, I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517023 PR744804>
0
0
0