Independent Education Union of Australia
[2022] FWCA 454
•11 FEBRUARY 2022
| [2022] FWCA 454 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2021/8567)
Binnowee Kindergarten Co-Op Society Ltd Employee Enterprise Agreement 2021
| Educational services | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 11 FEBRUARY 2022 |
Application for approval of the Binnowee Kindergarten Co-Op Society Ltd Employee Enterprise Agreement 2021.
The Independent Education Union of Australia (IEUA) has made an application for the approval of the Binnowee Kindergarten Co-Op Society Ltd Employee Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Correcting and amending applications and documents under section 586
The IEUA has requested that the Commission exercise its powers pursuant to s.586 of the Act to amend paragraph 34 so that the clause reads:
“Where it is agreed that casual employment will be converted, the Employer and Employee must discuss and record in writing whether the employment will be full time or part-time. The conversion will take place from the start of the next pay cycle unless otherwise agreed. Where the work is to be part-time, the written record must also set out the matters referred to in paragraph 15.”
I am satisfied that this amendment should be allowed and that is it appropriate to do so pursuant to s.586 of the Act. I make the amendment.
I note that Clause 168 – Compassionate Leave and Clause 197 – Community Service (Notice Requirements) are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The IEUA was a bargaining representative for the Agreement and 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 IEUA.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 4 years after the day on which the FWC approves the agreement.
DEPUTY PRESIDENT
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