Uniting NSW.ACT

[2020] FWCA 1026

[2020] FWCA 1026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting NSW.ACT
(AG2019/4556)

UNITING EARLY LEARNING NSW & ACT ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER YILMAZ	MELBOURNE, 26 FEBRUARY 2020

Application for approval of the Uniting Early Learning NSW & ACT Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Uniting Early Learning NSW & ACT 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 Uniting NSW.ACT. 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 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.

[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 Independent Education Union of Australia and the United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and in accordance with s.54, will operate from 4 March 2020. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

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Annexure A