Independent Education Union of Australia

[2019] FWCA 7844

[2019] FWCA 7844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/3043)

SHAPING OUTCOMES KEY WORKER SPECIALISTS COLLECTIVE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT ASBURY	BRISBANE, 15 NOVEMBER 2019

Application for approval of the Shaping Outcomes Key Worker Specialists Collective Agreement 2019.

[1] The Independent Education Union of Australia (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Shaping Outcomes Key Worker Specialists Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Employer is Tweed Valley Early Childhood Intervention Service Ltd.

[2] Undertakings were provided by the Employer in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

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

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 22 November 2019. The nominal expiry date of the Agreement is 22 November 2022.

DEPUTY PRESIDENT

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