Independent Education Union of Australia - Queensland and Northern Territory Branch

[2019] FWCA 4855

[2019] FWCA 4855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia - Queensland and Northern Territory Branch
(AG2019/2196)

CLAYFIELD PRE-PREP BAYVIEW TERRACE EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children’s services
COMMISSIONER LEE	MELBOURNE, 11 JULY 2019

Application for approval of the Clayfield Pre-Prep Bayview Terrace Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Clayfield Pre-Prep Bayview Terrace Early Childhood Education Collective Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (IEUA) 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.

[4] I note that clause 3.3.2 of the Agreement provides that if an employee does not give appropriate notice, the Employer has the right to withhold a maximum of one week’s pay from the employee. In my view, the clause may provide for deductions which are not permitted deductions within the meaning of s.324 of the Act. Pursuant to s.326 of the Act, the clause will have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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