Independent Education Union of Australia

Case

[2023] FWCA 711

6 MARCH 2023


[2023] FWCA 711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2023/376)

EAST WILLOUGHBY PRESCHOOL INC. ENTERPRISE AGREEMENT

Educational services

DEPUTY PRESIDENT DEAN

CANBERRA, 6 MARCH 2023

Application for approval of the East Willoughby Preschool Inc. Enterprise Agreement.

  1. An application has been made for approval of an enterprise agreement known as the East Willoughby Preschool Inc. Enterprise Agreement (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. The Agreement is a single enterprise agreement.

  1. The Employer, East Willoughby Preschool Inc, has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

  1. Subject to the undertaking referred to above, 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.

  1. 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 the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

  2. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2023. The nominal expiry date of the Agreement is 13 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519402  PR760054>

Annexure A

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