Independent Education Union of Australia

[2020] FWCA 5685

[2020] FWCA 5685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/3047)

PAMBULA PRE-SCHOOL KINDERGARTEN ASSOCIATION INC. TEACHERS AGREEMENT 2020

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 OCTOBER 2020

Application for approval of the Pambula Pre-School Kindergarten Association INC. Teachers Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Pambula Pre-School Kindergarten Association INC. 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] 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.

[3] I note that Clauses 23.2(a), 23.2(c), 24.1(b), 24.1(c) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2020. The nominal expiry date of the Agreement is 25 October 2023.

DEPUTY PRESIDENT

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