Independent Education Union of Australia
[2022] FWCA 209
•25 JANUARY 2022
| [2022] FWCA 209 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Independent Education Union of Australia
(AG2021/8880)
Montessori School Ltd Enterprise Agreement 2021
| Educational services | |
| COMMISSIONER SIMPSON | BRISBANE, 25 JANUARY 2022 |
Application for approval of the Montessori School Ltd Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as Montessori School Ltd Enterprise Agreement 2021 (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 – Queensland and Northern Territory Branch (the IEU). The Employer is Montessori School Ltd (the Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188, as are relevant to this application for approval, have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlement of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The IEU also lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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