Independent Education Union of Australia

[2017] FWCA 2076

[2017] FWCA 2076

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2017/508)

CONCORD KINDERGARTEN ASSOCIATION INC. TEACHERS COLLECTIVE AGREEMENT TEACHERS AGREEMENT 2017 - 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 12 APRIL 2017

Application for approval of the Concord Kindergarten Association Inc. Teachers’ Collective Agreement Teachers Agreement 2017-2019.

[1] On 21 February 2017 the Independent Education Union of Australia (Applicant) made an application for approval of the Concord Kindergarten Association Inc. Teachers Collective Agreement Teachers Agreement 2017 - 2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The agreement lodged contained typographical errors. On 6 April 2017, the
Applicant provided a list of referencing errors and their corrections. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act. A table of the referencing errors and their corresponding corrections is attached as Annexure B.

[6] 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 April 2017. The nominal expiry date of the Agreement is 12 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE424010  PR591816>

ANNEXURE A

ANNEXURE B

Clause No in agreement	Referencing Error	Correct Reference
Clause 23.2(C)(IV)	24.7	Delete reference
Clause 23.2 (iv) (c)	(i)	24.1(b)
Clause 24.3 (a)	24.2.1(a) and 24.7(b)	24.1 (a) and 24.1(b)
24.2.1(c)(ii)	24.1(c)(ii)
Clause 36.12	36.12	36.11
Clause 37.3	42	43
Clause 43.2	43.2	43.1
Clause 43.2	43.2	43.1