Independent Education Union of Australia

[2021] FWCA 1590

[2021] FWCA 1590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2021/4234)

MUSWELLBROOK PRE SCHOOL KINDERGARTEN INC TEACHERS COLLECTIVE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 MARCH 2021

Application for approval of the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2020.

[1] The Independent Education Union of Australia (the Applicant/the IEU) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Muswellbrook Pre School Kindergarten Inc Teachers Collective Agreement 2020 (the Agreement). The IEU is a bargaining representative for the Agreement and makes the application for approval in that capacity. The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Agreement is made between Muswellbrook Pre-School Kindergarten Inc (the Employer) and teachers in its Early Childhood Services Centre, as described in the Agreement.

[2] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement and the Form F17 Employer’s declaration in support of an application for approval of the Agreement that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] 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 that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by IEU, I note that the Agreement covers this organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 31 March 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

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