Independent Education Union of Australia
[2024] FWCA 3716
•25 OCTOBER 2024
| [2024] FWCA 3716 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2024/3586)
BRIBIE ISLAND COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024
| Educational services | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 25 OCTOBER 2024 |
Application for Approval of the Bribie Island Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024
Pursuant to s 185 of the Fair Work Act 2009 (the Act) the Independent Education Union of Australia has applied for approval of an enterprise agreement known as the Bribie Island Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 (the Agreement). The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.
Pursuant to s.205A of the Act, an enterprise agreement must include a delegates’ rights term for workplace delegates. If it does not, the most favourable delegates’ rights term in the modern awards that cover the workplace, as determined by the Commission, is taken to be a term of the enterprise agreement. The Agreement does not include a delegates’ rights term. The modern award clauses applicable here are clause 28A of the Educational Services (Teachers) Award 2020, clause 37A of the Clerks – Private Sector Award 2020 and clause 7A of the Children’s Services Award 2010. I consider clause 28A of the Educational Services (Teachers) Award 2020 is the most favourable clause. Accordingly, I note for the purposes of s 201(1A) that the award term is taken to be a term of the Agreement.
The Independent Education Union of Australia is a bargaining representative for the Agreement and 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.
The Agreement is approved and will operate in accordance with s. 54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
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