Independent Education Union of Australia

[2023] FWCA 1485

[2023] FWCA 1485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia

(AG2023/1307)

GLOUCESTER PRE-SCHOOL INCORPORATED TEACHERS ENTERPRISE AGREEMENT 2023.

Educational services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 24 MAY 2023

Application for approval of the Gloucester Pre-School IncorporatedTeachers Enterprise Agreement 2023

1. An application has been made for the approval of an enterprise agreement known as the Gloucester Pre-School Incorporated Teachers Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia (the Applicant). The proposed agreement is a single enterprise agreement.

1. On 17 May 2023 I drew to the attention of the Applicant and the employer to be covered by the proposed agreement, Gloucester Pre-School Incorporated (Gloucester Pre-School), that clauses 26 and 27 relating to requests for casual conversion and clause 134 relating to family and domestic violence leave, of the proposed agreement may have been inconsistent with National Employment Standards (NES) contained in Sub-division C of Division 4A of Part 2-2 and section 106A(2) of the Act respectively. However, I also noted that clause 6 of the proposed agreement provides that where there is an inconsistency between the agreement and the NES, and the NES provides an entitlement that is more beneficial for the employee, the NES provision will apply to the extent of the inconsistency.

1. By correspondence dated 18 May 2023 the Applicant and Gloucester Pre-School submitted that Clause 6 resolved any potential inconsistency in the manner described above. I am satisfied that clauses 26, 27 and 134 do not present an obstacle to the approval of the agreement.

1. On the basis of the material contained in the application and the declarations filed in support, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The IEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

1. The Agreement is approved and in accordance with s.54 of the Act, will operate from 31 May 2023. The nominal expiry date of the Agreement is 31 May 2026.

DEPUTY PRESIDENT

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