Independent Education Union of Australia

[2024] FWCA 4031

[2024] FWCA 4031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2024/3849)

BEGA VALLEY PRE-SCHOOLS TEACHERS AGREEMENT 2024

Educational services
COMMISSIONER P RYAN	SYDNEY, 19 NOVEMBER 2024

Application for approval of the Bega Valley Pre-Schools Teachers Agreement 2024

1. The Independent Education Union of Australia (IEU) has made an application for approval of an enterprise agreement known as the Bega Valley Pre-Schools Teachers Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act).

1. The Agreement is a multi-enterprise agreement and states that it covers the following employer entities:

·     Bega Pre-School Association;

·     Bermagui Pre-School Cooperative Society Limited;

·     Cobargo Pre-School Incorporated;

·     Pambula Pre-School Kindergarten Association Incorporated; and

·     Tathra Children’s Inc.

1. The reference to Tathra Children’s Inc. is incorrect. The correct name of that employer is Tathra Children’s Services Inc. After seeking the views of the parties, I am satisfied that this is an obvious error or defect as contemplated by s.218A and that I should exercise my discretion to amend the Agreement.

1. Accordingly, the table in clause 2 of the Agreement is varied to remove “Tathra Children’s Inc.” wherever it appears and insert in each place “Tathra Children’s Services Inc.” This variation will operate from 19 November 2024. 

Sections 186, 187, 188

1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declarations, the responses to issues raised, and the Statement of Principles.[1]

National Employment Standards

1. I observe that clauses 128, 132 and 136 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

1. The IEU being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the IEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 26 November 2024. The nominal expiry date of the Agreement is 26 November 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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