Independent Education Union of Australia
[2022] FWCA 879
•14 MARCH 2022
| [2022] FWCA 879 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2022/467)
ENGADINE PRESCHOOL KINDERGARTEN INC TEACHERS ENTERPRISE AGREEMENT 2021
| Educational services | |
| COMMISSIONER P RYAN | SYDNEY, 14 MARCH 2022 |
Application for approval of the Engadine Preschool Kindergarten Inc Teachers Enterprise Agreement 2021
The Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Engadine Preschool Kindergarten Inc Teachers Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Sections 186, 187 and 188
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.
National Employment Standards
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Model Flexibility Term
The Agreement does not contain a flexibility term, as required by s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement.
Section 183
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 IEU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2022. The nominal expiry date of the Agreement is 1 June 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE515320 PR739278>
0
0
0