Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch

[2021] FWCA 4427

[2021] FWCA 4427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia-New South Wales/Australian Capital Territory Branch
(AG2021/5762)

INDEPENDENT EDUCATION UNION OF AUSTRALIA (NSW/ACT BRANCH) OFFICERS ENTERPRISE AGREEMENT 2020

Educational Services
DEPUTY PRESIDENT CROSS	SYDNEY, 23 JULY 2021

Application for approval of the Independent Education Union of Australia (NSW/ACT Branch) Officers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Independent Education Union of Australia (NSW/ACT Branch) Officers Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained an error at clause 1 in relation to the title of the Agreement, and further erroneous formatting on page 1. On 5 July 2021 the Applicant filed an amended Agreement fixing the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512416  PR732052>

ANNEXURE A