Independent Education Union of Australia
[2022] FWCA 4535
•21 DECEMBER 2022
| [2022] FWCA 4535 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Independent Education Union of Australia
(AG2022/5241)
Baulkham Hills Preschool Kindergarten Employees Enterprise Agreement 2022
| Educational services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 21 DECEMBER 2022 |
Application for approval of the Baulkham Hills Preschool Kindergarten Employees Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Baulkham Hills Preschool Kindergarten Employees Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia (IEUA). The Agreement is a single enterprise agreement.
Coverage of employee organisation
The IEUA, 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
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 28 December 2022. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
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