Independent Education Union of Australia

[2021] FWCA 7040

[2021] FWCA 7040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/8669)

INDEPENDENT EDUCATION UNION OF AUSTRALIA (NSW/ACT
BRANCH) PROFESSIONAL AND ADMINISTRATIVE STAFF ENTERPRISE AGREEMENT 2021

Miscellaneous
DEPUTY PRESIDENT BOYCE	SYDNEY, 9 DECEMBER 2021

Application for approval of the Independent Education Union of Australia (NSW/ACT Branch) Professional and Administrative Staff Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Independent Education Union of Australia (NSW/ACT Branch) Professional and Administrative Staff Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Independent Education Union of Australia (Employer). The Agreement is a single enterprise agreement.

[2] The Independent Education Union of Australia (IEU), and Australian Municipal, Administrative, Clerical and Services Union (USU) both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2021. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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