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austlii:cth/FWCA/2025/2801
General information, not legal advice.
FWCA
2025-08-21
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
CLONCURRY KINDERGARTEN ASSOCIATION INC COLLECTIVE AGREEMENT 2025
Application for approval of the Cloncurry Kindergarten Association Inc Collective Agreement 2025
[1] Cloncurry Kindergarten Assoc Inc ("the Employer") has applied for approval of an enterprise agreement known as Cloncurry Kindergarten Association Inc Collective Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] There is a minor discrepancy as between the Notice of Employee Representational Rights, and the application, as to the name of the Employer. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.
[3] Noting clause 1.2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] Arguably if part-time employees were to work outside their agreed hours excessively, they may be worse off under the Agreement's provisions in relation to part-time employees than under the corresponding provisions of the Educational Services (Teachers) Award 2020, the Children's Services Award 2010, or the Clerks - Private Sector Award 2020. However, the Employer submits that it is unlikely that the part-time employees would be required to work outside their agreed hours excessively. I accept this submission, noting the Employer is an incorporated association running a kindergarten.
[5] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
[6] The Agreement covers the Independent Education Union of Australia (IEUA).
[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 21 August 2028.
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