Independent Education Union of Australia
[2020] FWCA 4957
•15 SEPTEMBER 2020
| [2020] FWCA 4957 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2020/2383)
LITTLE SCHOOL PRESCHOOL TEACHERS’ AGREEMENT 2020
Educational services | |
DEPUTY PRESIDENT BOYCE | SYDNEY, 15 SEPTEMBER 2020 |
Application for approval of the Little School Preschool Teachers’ Agreement 2020.
[1] An application has been made for approval of an enterprise agreement to be known as the Little School Preschool Teachers’ Agreement 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 employer is The Little Preschool Incorporated t/a The Little Preschool. 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 September 2020. The nominal expiry date of the Agreement is 15 September 2023.
DEPUTY PRESIDENT
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