Independent Education Union of Australia

[2018] FWCA 4119

[2018] FWCA 4119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2018/1194)

HOPEPOINT PRESCHOOL ENTERPRISE AGREEMENT 2017

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 11 JULY 2018

Application for approval of the HopePoint Preschool Enterprise Agreement 2017.

[1] An application has been made for the approval of an enterprise agreement known as the HopePoint Preschool Enterprise Agreement 2017 (“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] With the provision of written undertakings from the preschool addressing miscellaneous matters, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met. 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.

[3] I observe that first undertaking is otiose, but, as the Agreement does not have a complying flexibility term, the model flexibility is otherwise, I note, taken to be a term of the Agreement. The second undertaking provides clarity around the substantially above-NES personal leave entitlements in the Agreement as they interact with NES minima relating to accumulation (and that undertaking does not otherwise cause any financial detriment to any employee covered by the Agreement).

[4] The Independent Education Union of Australia and United Voice NSW Branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[5] 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 three years thereafter.

COMMISSIONER

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Annexure A