The Association of Independent Schools of New South Wales Limited T/A Association of Independent Schools of NSW Ltd
[2018] FWCA 6058
•27 SEPTEMBER 2018
| [2018] FWCA 6058 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
The Association of Independent Schools of New South Wales Limited T/A Association of Independent Schools of NSW Ltd
(AG2018/2238)
Early Learning Centre Agreement 2018 - 2021 for Mirrabrook Early Learning Centre Limited
| Educational services | |
| Deputy President Masson | MELBOURNE, 27 SEPTEMBER 2018 |
Application for approval of the Early Learning Centre Agreement 2018 - 2021 for Mirrabrook Early Learning Centre Limited.
An application has been made for approval of an enterprise agreement known as the Early Learning Centre Agreement 2018 - 2021 for Mirrabrook Early Learning Centre Limited (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Association of Independent Schools of New South Wales Limited T/A Association of Independent Schools of NSW Ltd. The Agreement is a single enterprise agreement.
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.
I observe that clause 16.3 of the Agreement, regarding unpaid carer’s leave for casual employees, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.1(b) 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.
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 4 October 2018. The nominal expiry date of the Agreement is 31 December 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE500278 PR700893>
0
0
0