Independent Education Union of Australia

[2021] FWCA 747

[2021] FWCA 747

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2020/4142)

MOURILYAN & DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE AGREEMENT 2020

Children's services
COMMISSIONER BOOTH	BRISBANE, 17 FEBRUARY 2021

Application for approval of the Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia (the Applicant) for approval of Mourilyan & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement. Mourilyan & District Kindergarten is the employer.

[2] Mr John Spriggs, Senior Industrial Officer of the Independent Education Union of Australia (the IEU), filed a Form F18 in this matter, advising that the IEU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant on 27 January 2021, raising certain concerns in relation to the Agreement.

[4] The matter was listed for eHearing on 12 February 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 3.3.2(a) – Resignation by Employee

[6] However, clause 1.2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the matters raised at paragraphs [5]-[6], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] In accordance with s.201(2), I note that the Agreement covers the IEU.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

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