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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CaseChat Overview and Summary

In the case of the Independent Education Union of Australia, the applicant sought approval for the Berry Community Pre-school Inc. 2020. The dispute involved whether the pre-school met the statutory requirements for approval under the Education Act. The matter was heard in the Fair Work Commission.

The court needed to determine whether the Berry Community Pre-school Inc. complied with the necessary legal criteria to be granted approval. This included assessing the pre-school's governance structure, financial management, and adherence to relevant educational standards. The court also had to consider the suitability of the pre-school's board members and their qualifications.

The Fair Work Commission found that the Berry Community Pre-school Inc. met the statutory requirements for approval. The pre-school had a well-structured governance framework, demonstrated sound financial management practices, and ensured its board members had the appropriate qualifications. As a result, the court ruled in favour of the applicant and approved the pre-school. The decision was based on the pre-school's compliance with the relevant provisions of the Education Act.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established