Life Education NSW Limited

[2019] FWCA 2513

[2019] FWCA 2513

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Life Education NSW Limited
(AG2019/654)

LIFE EDUCATION NSW (EDUCATORS) ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the Life Education NSW (Educators) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Life Education NSW (Educators) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Life Education NSW Limited. 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 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 observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 28.3 – Termination by the Company

•  Clause 29.2 – Serious Misconduct

However, noting clause 6.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 11 April 2022.

COMMISSIONER

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