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austlii:cth/FWCA/2025/1465
General information, not legal advice.
FWCA
2025-05-02
Commissioner P
Original judgment source is linked above.
s.185 - Enterprise agreement
The Association of Independent Schools of New South Wales Limited
SHORE EARLY LEARNING CENTRE ENTERPRISE AGREEMENT 2025 - 2027
Application for approval of the Shore Early Learning Centre Enterprise Agreement 2025 - 2027
[1] The Association of Independent Schools of New South Wales Limited has made an application for approval of an enterprise agreement known as the Shore Early Learning Centre Enterprise Agreement 2025 - 2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act).
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
[3] The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
[4] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the IEU.
[5] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 May 2025. The nominal expiry date of the Agreement is 31 December 2027.
Section 218A variation to correct or amend errors, defects or irregularities
[6] Clauses 2, 11.1, 28.2, 30.1(c), and Table 3 of Schedule 1 contain obvious errors.
[7] After seeking the views of the parties, I am satisfied that I should exercise my discretion pursuant to s.218A to amend the Agreement.
[8] Accordingly, the Agreement is varied as follows:
(i) In clauses 2, 11.1, 28.2, and Table 3 of Schedule 1, the words "Child Care Employee" are removed wherever they appear and replaced with the words "Child Care Educator".
(ii) In clause 30.1(c), the references to clauses "26.4" and "26.11" are deleted and replaced with "30.4" and "30.11" respectively.
[9] This variation will operate from 2 April 2025.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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