Independent Education Union of Australia

[2018] FWCA 6560

[2018] FWCA 6560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/2536)

UNITINGCARE ST MATTHEWS PRESCHOOL ENTERPRISE AGREEMENT 2018

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 24 OCTOBER 2018

Application for approval of the UnitingCare St Matthews Preschool Enterprise Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the UnitingCare St Matthews Preschool Enterprise Agreement 2018 (“the Agreement”). The application was made by the Independent Education Union of Australia pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the employer addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be terms of the Agreement. As the Agreement does not have a complying flexibility clause, I note also that the model flexibility term is taken to be a term of the Agreement.

[3] The Independent Education Union of Australia has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date is 31 August 2021.

COMMISSIONER

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Annexure A