Independent Education Union of Australia

[2019] FWCA 1728

[2019] FWCA 1728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/7141)

WOMBATS PLAYSCHOOL INC EMPLOYEE COLLECTIVE AGREEMENT 2018

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MARCH 2019

Application for approval of the Wombats Playschool Inc Employee Collective Agreement 2018.

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

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  25.1(c)(ii)(3);

•  25.1(d);

•  32;

•  33.4; and

•  38.1(a)

[3] However, noting clause 7.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Independent Education Union of Australia 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 16 March 2019 and, in accordance with s.54, will operate from 23 March 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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