Independent Education Union of Australia

[2019] FWCA 2718

[2019] FWCA 2718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/6872)

VALLA COMMUNITY PRESCHOOL EMPLOYEE COLLECTIVE AGREEMENT 2018

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 APRIL 2019

Application for approval of the Valla Community Preschool Employee Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Valla Community Preschool Employee Collective Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia (IEUA). 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.

[3] Subject to the undertakings, 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting Clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•  Clause 25.6 of the Agreement, which states that an employee intending to take personal leave shall notify the employer at the earliest practicable opportunity and in any event prior to the commencement of the first activity for the day; and

•  Clause 26.1(d) of the Agreement, which does not capture “injury” affecting an employee’s family or household member as part of the entitlement to unpaid personal/carer’s leave.

[5] The IEUA, 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 is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

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Annexure A