Independent Education Union of Australia

[2018] FWCA 6663

[2018] FWCA 6663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/2082)

BINNOWEE KINDERGARTEN CO-OP SOCIETY LTD EMPLOYEE ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER GREGORY	MELBOURNE, 29 OCTOBER 2018

Application for approval of the Binnowee Kindergarten Co-Op Society Ltd Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Binnowee Kindergarten Co-Op Society Ltd Employee Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. 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 referred to above, 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 note the following provisions are inconsistent with the National Employment Standards;

•  Clauses 25.1 and 25.2 which specify the maximum amount of personal leave an employee can accumulate.

•  Clause 26.1(b) (ii) which states that an employee must not take carer’s leave where another person has taken leave to care for the same person.

Given the National Employment Standards precedence clause at Clause 3.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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 is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A