Independent Education Union of Australia
[2024] FWCA 1577
•30 APRIL 2024
| [2024] FWCA 1577 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2024/1204)
CANTERBURY COMMUNITY CHILDCARE CENTRE AGREEMENT 2023
| Educational services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 30 APRIL 2024 |
Application for approval of the Canterbury Community Childcare Centre Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Canterbury Community Childcare Centre Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia (Employee Organisation) on behalf of the Canterbury Community Childcare Centre Inc Trading As Canterbury Community Childcare Centre Inc (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings provided to the Commission on 30 April 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Teachers) Award 2020, the Children’s Services Award 2010 and the Clerks (Private Sector) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
NERR issue
There was an issue raised by the Commission with the Applicant regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Applicant provided on 30 April 2024, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]
There was also an issue raised by the Commission with the Applicant as to the title of the Agreement filed with the Commission (as approved by relevant employees). The Applicant has requested that the title of the Agreement be corrected (pursuant to s.586 of the Act), and has lodged a corrected version of the Agreement reflecting the correct Agreement title. I am satisfied that this correction should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make the correction.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2024. The nominal expiry date of the Agreement is 7 May 2027.
DEPUTY PRESIDENT
Annexure A
[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[3] Ibid.
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