Independent Education Union of Australia
[2024] FWCA 2517
•10 JULY 2024
| [2024] FWCA 2517 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2024/2098)
NARNIA KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024
| Educational services | |
| COMMISSIONER ALLISON | MELBOURNE, 10 JULY 2024 |
Application for approval of the Narnia Kindergarten Early Childhood Education Collective Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Narnia Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia (IEU). The Employer is the Narnia Kindergarten and Preschool Association Inc. The Agreement is a single enterprise agreement.
Clause 3.4.2 of the Agreement appears to be inconsistent with the National Employment Standards (NES). This is because the cl 3.4.2 allows the Employer to withhold monies due to an employee if the employee does not provide the required notice period for termination. This appears to include monies required to be paid to an employee under the NES. However, I note cl 1.2.2 of the Agreement provides that where there is an inconsistency between the Agreement and NES, the more beneficial entitlements will prevail. Consequently, I am satisfied that the more beneficial entitlements of the NES will prevail and employees will be paid out all monies owing them under the NES.
The pay rates of Grade 1 Year 2 Teaching Assistants under the Agreement appear to be below the equivalent rate under the Children’s Services Award 2010. The Employer has provided an undertaking ensuring that the Employer will pay employees rates above the relevant Award rates.
Clause 2.4.6 of the Agreement, relating to kindergarten events allowance, provides that an employee will be paid an allowance at the ordinary rate of pay for attendance at events that may attract overtime or weekend penalty rates under the Children’s Services Award 2010 or the Clerks – Private Sector Award 2020. I asked the Employer and IEU to address me on this issue. The Employer has provided an undertaking ensuring that employees, other than teachers, who are directed to work outside or in excess of their ordinary span of hours will be provided overtime or time off in lieu in accordance with the Agreement.
A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, 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 IEU, 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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Annexure A
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