IR Squared

[2020] FWCA 641

[2020] FWCA 641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IR Squared
(AG2019/4951)

ESSINGTON SCHOOL DARWIN LIMITED ENTERPRISE BARGAINING AGREEMENT 2019-21

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 10 FEBRUARY 2020

Application for approval of the Essington School Darwin Limited Enterprise Bargaining Agreement 2019-21.

[1] An application has been made for approval of an enterprise agreement known as the Essington School Darwin Limited Enterprise Bargaining Agreement 2019-21 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IR Squared. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 17 February 2020. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507002  PR716484>