Independent Education Union of Australia

[2019] FWCA 3937

[2019] FWCA 3937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/1638)

WEST BATHURST PRESCHOOL AND EARLYSTART KELSO PRESCHOOL AND FAMILY CENTRE TEACHERS ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 JUNE 2019

Application for approval of the West Bathurst Preschool and EarlyStart Kelso Preschool and Family Centre Teachers Enterprise Agreement 2019.

[1] The Independent Education Union of Australia (IEU) has applied for approval of a single enterprise agreement known as the West Bathurst Preschool and EarlyStart Kelso Preschool and Family Centre Teachers Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Agreement lodged with the application contained a typographical error, at clause 4. An amended Agreement page was filed correcting the error. I am satisfied that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Noting clause 3.2 of the Agreement, I am 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.

[4] On the basis of the material contained in the application, accompanying statutory declaration, amended Agreement page and further information provided on request of the Commission, 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.

[5] The IEU, 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.

[6] The Agreement was approved on 18 June 2019 and, in accordance with s.54, will operate from 25 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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