Independent Education Union of Australia

[2021] FWCA 7117

[2021] FWCA 7117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/8660)

ORANGE PRESCHOOL KINDERGARTEN LTD. EMPLOYEES COLLECTIVE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 DECEMBER 2021

Application for approval of the Orange Preschool Kindergarten Ltd. Employee Collective Agreement 2020.

[1] Application has been made for approval of a single enterprise agreement known as the Orange Preschool Kindergarten Employee Ltd. Collective Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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.

[3] Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 14 December 2021 and, in accordance with s.54, will operate from 21 December 2021. The nominal expiry date of the Agreement is 21 December 2024.

DEPUTY PRESIDENT

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