Independent Education Union of Australia
[2024] FWCA 2105
•12 JUNE 2024
| [2024] FWCA 2105 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2024/1636)
GOONDIWINDI KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2024
| Educational services | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 12 JUNE 2024 |
Application for approval of the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2024
Introduction
The Independent Education Union (IEU) has made an application for approval of an enterprise agreement known as the Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Notice of Employee Representational Rights (NERR)
The NERR issued to employees was erroneous in that it referred to the title of the Agreement as “Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2023” [emphasis added]. The title clause of the Agreement states that the agreement title is the “Goondiwindi Kindergarten Early Childhood Education Collective Enterprise Agreement 2024” [emphasis added]. The IEU provided submissions that this matter constituted a minor technical error.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
Section 190 Undertakings
Goondiwindi Kindergarten Association Inc. (the Employer) provided written undertakings. 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
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 IEU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2024. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
ANNEXURE A
[1] [2019] FWCFB 318.
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