Independent Education Union of Australia
[2023] FWCA 1122
•19 APRIL 2023
| [2023] FWCA 1122 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2023/974)
BAYVIEW COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2022
| Educational services | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 19 APRIL 2023 |
Application for approval of the Bayview Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Bayview Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia – Queensland and Northern Territory Branch (the Applicant). The Agreement is a single enterprise agreement.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 3.3.22 – Notice of Termination Withholding of Monies
However, noting clause 1.2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Independent Education Union of Australia – Queensland and Northern Territory Branch (IEU-QNT) 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-QNT.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
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