Independent Education Union of Australia

[2020] FWCA 4456

[2020] FWCA 4456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2020/2359)

COOMA NORTH PRESCHOOL INC TEACHERS AGREEMENT 2020

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 24 AUGUST 2020

Application for approval of the Cooma North Preschool Inc Teachers Agreement 2020.

[1] An application had been made for approval of an enterprise agreement known as the Cooma North Preschool 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 the Independent Education Union of Australia and covers the Cooma North Preschool Association. The Agreement is a single enterprise agreement.

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

[3] 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.

[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, will operate from 31 August 2020. The nominal expiry date of the Agreement is 24 August 2023.

COMMISSIONER

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