Independent Education Union of Australia
[2024] FWCA 420
•31 JANUARY 2024
| [2024] FWCA 420 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2023/5115)
BERALA JACK AND JILL PRE-SCHOOL KINDERGARTEN INC. EMPLOYEE AGREEMENT 2023
| Educational services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 31 JANUARY 2024 |
Application for approval of the Berala Jack & Jill Pre-School Kindergarten Inc. Employee Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Berala Jack & Jill Pre-School Kindergarten Inc. Employee Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Independent Education Union of Australia (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 28 January 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 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.
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 February 2024. The nominal expiry date of the Agreement is 30 September 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523366 PR770779>
Annexure A
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