Independent Education Union of Australia

[2020] FWCA 6265

[2020] FWCA 6265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3227)

DRUMMOYNE PRE-SCHOOL INC. EMPLOYEE ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 NOVEMBER 2020

Application for approval of the Drummoyne Pre-School Inc. Employee Enterprise Agreement 2020.

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

[2] Ms Helen Millar (Director, Drummoyne Pre-School kindergarten Incorporated) has provided written undertakings dated 13 November 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Children’s Services Award 2010, Clerks- Private Sector Award 2020,and Educational Services (Teachers) Award 2010 respectively), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

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

[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 1 December 2020. The nominal expiry date of the Agreement is 24 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A