Independent Education Union of Australia

[2020] FWCA 6879

[2020] FWCA 6879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3720)

CRONULLA PRESCHOOL KINDERGARTEN INC. TEACHER ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2020

Application for approval of an enterprise agreement

[1] The Independent Education Union (IEU) of Australia has made an application for approval of an enterprise agreement known as the Cronulla Preschool Kindergarten Inc. Teacher Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which 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, and on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met. The IEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 December 2020 and, in accordance with s 54, will operate from 25 December 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

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Annexure A