Independent Education Union of Australia

[2014] FWCA 7797

[2014] FWCA 7797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/9598)

WEST ALBURY PRE SCHOOL CENTRE INC EMPLOYEE COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 31 OCTOBER 2014

Application for approval of the West Albury Pre School Centre Inc Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the West Albury Pre School Centre Inc Employee Collective Agreement 2014 (“the Agreement”). The application has been made by the Independent Education Union of Australia (“the IEU”), as employee organisation bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met, and West Albury Pre School Inc has provided a written undertaking addressing a discrete matter. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement. I further note that I raised concern about certain text in the pay Schedules, which may give cause for confusion about what rates of pay were applicable under the Agreement. However, the parties’ submissions elaborated upon such matters and the text would not otherwise lead to any conclusion the employees would not, in any event, be better off overall under the Agreement.

[3] The IEU concurs with the undertaking and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 July 2016.

COMMISSIONER

Annexure A

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