Independent Education Union of Australia

[2020] FWCA 6739

[2020] FWCA 6739

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2020/3600)

WALLSEND COMMUNITY PRESCHOOL INC. TEACHERS ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 14 DECEMBER 2020

Application for approval of the Wallsend Community Preschool Inc. Teachers Enterprise Agreement 2020.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Independent Education Union of Australia, 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 23.2(a);

•  Clause 23.2(c);

•  Clause 24.2; and

•  Clause 32.

[5] However, noting clause 3.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I note that clause 4 of the Agreement states that the Agreement commences operation on the date on which it is approved in accordance with the Fair Work Commission which differs from the requirements of s.54(1) of the Act.

[7] The Agreement was approved on 14 December 2020 and, in accordance with s.54, will operate from 7 days from the date of approval of the Agreement, being 21 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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