Independent Education Union of Australia

[2019] FWCA 6284

[2019] FWCA 6284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/3172)

SINGLETON PRESCHOOL TEACHERS' ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Singleton Preschool Teachers' Enterprise Agreement 2019

[1] Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Singleton Preschool Teachers’ Enterprise Agreement 2019 (the Agreement) in their capacity as a bargaining representative for 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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The IEU has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 10 September 2019 and, in accordance with s 54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 23 January 2022.

DEPUTY PRESIDENT

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Annexure A