Independent Education Union of Australia

[2020] FWCA 6712

[2020] FWCA 6712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3500)

MEDOWIE COMMUNITY PRESCHOOL INC TEACHERS AND DIRECTORS AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Medowie Community Preschool Inc Teachers and Directors Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Medowie Community Preschool Inc Teachers and Directors Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by the Independent Education Union of Australia (IEUA). The Agreement is a single enterprise Agreement.

[2] 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.

[3] I observe that clause 24.1(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). This provision of the Agreement provides that for the purposes of taking carer’s leave, wherever practicable, the employee will give notice to the employer of the reason for taking such carer’s leave. However, noting clause 3.2 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.

[4] The IEUA, 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.

[5] The Agreement is approved and in accordance with s 54 of the Act will operate from 24 December 2020. The nominal expiry date of the Agreement is 24 December 2023.

DEPUTY PRESIDENT

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