Independent Education Union of Australia

[2020] FWCA 6747

[2020] FWCA 6747

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2020/3594)

BERRY COMMUNITY PRE-SCHOOL INC. EMPLOYEE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 DECEMBER 2020

Application for approval of the Berry Community Pre-school Inc. 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Berry Community Pre-school Inc. 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia (IEU). The Agreement is a single enterprise agreement.

[2] 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.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 22 December 2020. The nominal expiry date of the Agreement is 22 December 2023.

DEPUTY PRESIDENT

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