Independent Education Union of Australia

Case

[2013] FWCA 1209

21 FEBRUARY 2013

No judgment structure available for this case.

[2013] FWCA 1209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Independent Education Union of Australia
(AG2013/312)

TARRAGINDI WAR MEMORIAL KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2011

Educational services

COMMISSIONER SIMPSON

BRISBANE, 21 FEBRUARY 2013

Application for approval of variation of the Tarragindi War Memorial Kindergarten Early Childhood Education Enterprise Agreement 2011.

[1] An application has been made to vary an enterprise agreement known as the Tarragindi War Memorial Kindergarten Early Childhood Education Enterprise Agreement 2011 (the Agreement). It has been made by the Independent Education Union of Australia (IEUA).

[2] Tarragindi War Memorial Kindergarten Inc and it employees have reached agreement on the variation.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The Agreement is varied in accordance with Attachment 1 of this decision. The variation is approved and will come into force from 21 February 2013 and shall remain in force for the duration of the Agreement.

[5] A consolidated copy of the Agreement is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE888481  PR534319>

Attachment 1 – Variations

1. By deleting clause 1.3.1 and inserting the following in lieu thereof:

    “1.3.1 This agreement will operate 7 days from the date of approval by Fair Work Australia and shall remain in force until 31 December 2014, and thereafter until terminated in accordance with the Act.”

2. By deleting Wage Table in clause 2.2.1 (Teachers) and inserting the following in lieu thereof:

As at 1-Jul-11
(4% Increase)

As from 1-Sep-12
(2.7% Increase)

As from 1-Sep-13
(2.7% Increase)

As from 1-Sep-14
(2.7% Increase)

Band 1

f/n

hrly

casual

f/n

hrly

casual

f/n

hrly

casual

f/n

hrly

casual

Step 1

$1,876.97

$25.03

30.7823

$1,927.65

$25.7020

31.6135

$1,979.70

$26.3959

32.4670

$2,033.15

$27.1086

33.3436

Step 2

$1,930.24

$25.74

31.6559

$1,982.36

$26.4314

32.5106

$2,035.88

$27.1451

33.3884

$2,090.85

$27.8780

34.2899

Step 3

$1,995.21

$26.60

32.7214

$2,049.08

$27.3211

33.6049

$2,104.40

$28.0587

34.5122

$2,161.22

$28.8163

35.4441

Step 4

$2,063.87

$27.52

33.8475

$2,119.59

$28.2613

34.7613

$2,176.82

$29.0243

35.6999

$2,235.60

$29.8080

36.6638

Band 2

Step 1

$2,168.92

$28.92

35.5703

$2,227.48

$29.6997

36.5307

$2,287.62

$30.5016

37.5170

$2,349.39

$31.3252

38.5300

Step 2

$2,239.19

$29.86

36.7228

$2,299.65

$30.6620

37.7143

$2,361.74

$31.4899

38.7326

$2,425.51

$32.3401

39.7783

Step 3

$2,356.29

$31.42

38.6431

$2,419.91

$32.2654

39.6865

$2,485.24

$33.1366

40.7580

$2,552.35

$34.0313

41.8585

Step 4

$2,473.89

$32.99

40.5718

$2,540.68

$33.8758

41.6672

$2,609.28

$34.7904

42.7922

$2,679.73

$35.7298

43.9476

Step 5

$2,591.89

$34.56

42.5070

$2,661.87

$35.4916

43.6547

$2,733.74

$36.4499

44.8333

$2,807.55

$37.4340

46.0438

Band 3

Step 1

$2,690.16

$35.87

44.1186

$2,762.79

$36.8372

45.3098

$2,837.39

$37.8318

46.5332

$2,914.00

$38.8533

47.7895

Step 2

$2,788.82

$37.18

45.7367

$2,864.12

$38.1883

46.9716

$2,941.45

$39.2194

48.2398

$3,020.87

$40.2783

49.5423

Step 3

$2,925.11

$39.00

47.9719

$3,004.09

$40.0546

49.2671

$3,085.20

$41.1360

50.5973

$3,168.50

$42.2467

51.9635

Step 4

$2,991.10

$39.88

49.0541

$3,071.86

$40.9582

50.3785

$3,154.80

$42.0640

51.7388

$3,239.98

$43.1998

53.1357

3. By deleting Wage Schedule in clause 2.2.2 (Assistants) and inserting the following in lieu thereof:

As at 1-Jul-11
(4% Increase)

As from 1-Sep-12
(2.7% Increase)

As from 1-Sep-13
(2.7% Increase)

As from 1-Sep-14
(2.7% Increase)

Grade U

f/n

hrly

casual

f/n

hrly

casual

f/n

hrly

casual

f/n

hrly

casual

Year 1

$1,359.74

$17.89

22.0063

$1,396.45

$18.3743

22.6004

$1,434.15

$18.8705

23.2107

$1,472.88

$19.3800

23.8373

Year 2

$1,399.79

$18.42

22.6545

$1,437.58

$18.9156

23.2661

$1,476.40

$19.4263

23.8943

$1,516.26

$19.9508

24.5395

Grade 1

Year 1

$1,459.04

$19.20

23.6134

$1,498.43

$19.7162

24.2509

$1,538.89

$20.2485

24.9057

$1,580.44

$20.7952

25.5781

Year 2

$1,498.82

$19.72

24.2572

$1,539.28

$20.2537

24.9121

$1,580.85

$20.8006

25.5847

$1,623.53

$21.3622

26.2755

Grade 2

Year 1

$1,590.74

$20.93

25.7449

$1,633.69

$21.4960

26.4400

$1,677.80

$22.0763

27.1539

$1,723.10

$22.6724

27.8871

Year 2

$1,630.67

$21.46

26.3911

$1,674.70

$22.0355

27.1036

$1,719.91

$22.6304

27.8354

$1,766.35

$23.2415

28.5870

Grade 3

Year 1

$1,715.14

$22.57

27.7581

$1,761.45

$23.1769

28.5076

$1,809.00

$23.8027

29.2773

$1,857.85

$24.4454

30.0678

Year 2

$1,761.96

$23.18

28.5159

$1,809.53

$23.8096

29.2858

$1,858.39

$24.4525

30.0765

$1,908.56

$25.1127

30.8886

4. By deleting Wage Table in clause 2.2.4 (Exempt Teachers) and inserting the following in lieu thereof:

As at 1-Jul-11
(4% Increase)

As from 1-Sep-12
(2.7% Increase)

f/n

hrly

casual

f/n

hrly

casual

Grade 1

$1,590.74

$20.93

25.7449

$1,633.69

$21.4960

26.4400

Grade 2

$1,630.66

$21.46

26.3909

$1,674.69

$22.0353

27.1035

Grade 3

$1,670.47

$21.98

27.0352

$1,715.57

$22.5733

27.7652

As from 1-Sep-13
(2.7% Increase)

As from 1-Sep-14
(2.7% Increase)

f/n

hrly

casual

f/n

hrly

casual

Grade 1

$1,677.80

$22.0763

27.1539

$1,723.10

$22.6724

27.8871

Grade 2

$1,719.90

$22.6303

27.8353

$1,766.34

$23.2413

28.5868

Grade 3

$1,761.89

$23.1828

28.5148

$1,809.46

$23.8087

29.2847

5. By deleting the Table in clause 2.4.1 (Director’s Allowance) and inserting the following in lieu thereof:

As at 1-Jul-11
(per fortnight)
4% increase

As from 1-Sep-12
(per fortnight)
2.7% increase

As from 1-Sep-13
(per fortnight)
2.7% increase

As from 1-Sep-14
(per fortnight)
2.7% increase

1 Unit

$79.12

$81.26

$83.45

$85.71

2 Units

$118.68

$121.89

$125.18

$128.56

3 Units

$158.24

$162.51

$166.90

$171.40

6. By deleting the Table in clause 2.4.2 (Relieving Director’s Allowance) and inserting the following in lieu thereof:

As at 1-Jul-11
(per fortnight)
4% increase

As from 1-Sep-12
(per day)
2.7% increase

As from 1-Sep-13
(per day)
2.7% increase

As from 1-Sep-14
(per day)
2.7% increase

1 Unit

$9.78

$10.04

$10.31

$10.59

2 Units

$14.74

$15.13

$15.54

$15.96

3 Units

$19.83

$20.37

$20.92

$21.48

7. By deleting the Table in clause 2.4.3 (b) for (Senior Teacher’s Allowance) and inserting the following in lieu thereof:

As at 1-Jul-11
(per fortnight)
4% increase

As from 1-Sepl-12
(per day)
2.7% increase

As from 1-Sepl-13
(per day)
2.7% increase

As from 1-Sep-14
(per day)
2.7% increase

Senior Teacher's Allowance

$136.67

$140.36

$144.15

$148.04

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