Independent Education Union of Australia

[2020] FWCA 6023

[2020] FWCA 6023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3073)

BERMAGUI PRE-SCHOOL CO-OPERATIVE SOCIETY LTD. TEACHERS’ AGREEMENT 2020

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 11 NOVEMBER 2020

Application for approval of the Bermagui Pre-School Co-Operative Society Ltd. Teachers’ Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bermagui Pre-School Co-Operative Society Ltd. Teachers’ 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] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, and the additional information provided by the employer, 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.

[4] I observe that clauses 23.2(a) and 23.2(b) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). 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.

[5] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 November 2020 and, in accordance with s 54, will operate from 18 November 2020. The nominal expiry date of the Agreement is 18 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A