Independent Education Union of Australia

[2021] FWCA 2611

[2021] FWCA 2611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2021/4287)

MULWALA PRESCHOOL INC. EMPLOYEE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 10 MAY 2021

Application for approval of the Mulwala Preschool Inc. Employee Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mulwala Preschool Inc. Employee Agreement 2020 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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

[4] 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.

[5] The Independent Education Union of Australia, 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2021. The nominal expiry date of the Agreement is 16 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A