Independent Education Union of Australia

[2021] FWCA 541

[2021] FWCA 541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3968)

CARRAMAR COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 FEBRUARY 2021

Application for approval of the Carramar Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Carramar Community Preschool & Kindergarten Early Childhood Education Collective Enterprise Agreement 2020 (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 (IEU). The Agreement is a single enterprise agreement.

[2] On behalf of Carramar Community Preschool & Kindergarten Association Incorporated, Mr Craig McPherson (President, Committee of Management) has provided written undertakings dated 12 January 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020, and the Children’s Services Award 2010 respectively), and that the undertakings will not result in substantial changes to 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 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 IEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A