Independent Education Union of Australia

[2014] FWCA 1714

[2014] FWCA 1714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/3775)

WALLSEND COMMUNITY PRESCHOOL INC TEACHERS COLLECTIVE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 12 MARCH 2014

Application for approval of the Wallsend Community Preschool Inc Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wallsend Community Preschool Inc Teachers 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. As the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement. I also note that, notwithstanding the provisions of cl.25.3 of the Agreement, the provisions of the Long Service Leave Act 1955 (NSW) will prevail to the extent the clause may provide any lesser entitlement for employees with at least five years of service.

[3] The IEU 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 31 December 2016.

COMMISSIONER

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