Independent Education Union of Australia

[2024] FWCA 4538

[2024] FWCA 4538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2024/4583)

ALMA STREET PRE-PREP EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER HUNT	BRISBANE, 17 DECEMBER 2024

Application for approval of the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2024

1. The Independent Education Union of Australia (IEU) has applied for approval of an enterprise agreement known as the Alma Street Pre-Prep Early Childhood Education Collective Enterprise Agreement 2024 (the Agreement). Alma Street Pre-Prep Incorporated T/A Alma Street Pre-Prep (the Employer) is the Employer covered by the Agreement. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 February 2024 and the Agreement was made on 6 November 2024. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The IEU, being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the IEU.

1. 
   The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

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