Independent Education Union of Australia
[2023] FWCA 1908
•27 JUNE 2023
| [2023] FWCA 1908 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Independent Education Union of Australia
(AG2023/1874)
GYMEA NURSERY SCHOOL AND KINDERGARTEN
CO-OPERATIVE SOCIETY LTD TEACHERS AGREEMENT 2021-2025
| Educational services | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 27 JUNE 2023 |
Application for approval of the Gymea Nursery School and Kindergarten Co-operative Society Ltd Teachers Agreement 2021-2025
Introduction
Gymea Nursery School and Kindergarten Co-Operative Society Limited Trading As Gymea Community Preschool (the Employer) has made an application for approval of an enterprise agreement known as the Gymea Nursery School and Kindergarten Co-operative Society Ltd Teachers Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
NES precedence term in Clause 6 of the Agreement
Clauses 26 and 27 provide for casual conversion under the Agreement, where the employee has ‘worked equivalent full-time hours on an ongoing basis over the preceding 12 months’ or ‘worked less than equivalent full-time hours on an ongoing basis over the preceding 12 months.’ This may be inconsistent with s66B(1)(b) of the Act which requires casual employees to be engaged for 12 months to be eligible for casual conversion, but only requires the employee to have worked a regular pattern of hours for the last 6 months.
I note that in accordance with the National Employment Standards (NES) precedence term in Clause 6 of the Agreement, this clause will be read and interpreted in conjunction with the NES.
Section 186, 187, 188 and 190
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 Independent Education Union of Australia (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 4 July 2023. The nominal expiry date of the Agreement is 31 January 2026.
DEPUTY PRESIDENT
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