Independent Education Union of Australia

[2019] FWCA 8236

[2019] FWCA 8236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/4249)

CONCORD KINDERGARTEN ASSOCIATION INC. TEACHERS ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 DECEMBER 2019

Application for approval of the Concord Kindergarten Association Inc. Teachers Enterprise Agreement 2019.

[1] An application has been made for approval of a single enterprise agreement known as the Concord Kindergarten Association Inc. Teachers Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct a typographical error in the original application by filing an amended application. In the circumstances, I am satisfied that this correction should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 3.2 of the Agreement, I am also satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the amended application and further information provided on request of the Commission, 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.

[6] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement was approved on 4 December 2019. Notwithstanding clause 4 of the Agreement, in accordance with s.54 of the Act, the Agreement will operate from 11 December 2019. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

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