Independent Education Union of Australia

[2018] FWCA 5577

[2018] FWCA 5577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/1908)

CONCORD WEST RHODES PRE SCHOOL INC. TEACHERS COLLECTIVE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Concord West Rhodes Pre School Inc. Teachers Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Concord West Rhodes Pre School Inc. Teachers Collective 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] 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.

[3] I note the following provisions are inconsistent with the National Employment Standards:

•  Clause 23.4 which provides that untaken personal leave shall accumulate up to a maximum of 120 days.

•  Clause 24.1 which provides that, in normal circumstances, a teacher must not take carer’s leave where another person has taken leave to care for the same person.

Given the National Employment Standards precedence clauses at Clause 3.2 and Clause 23 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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.

[5] The Agreement was approved on 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 5 June 2021.

COMMISSIONER

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