C2011/1129 s.170LW Pre-Reform Act – J Slater and VicRoads` Dispute Resolution Application (Certified Agreement) – Smith DP – March 2 Our Enterprise Contract has been approved by the Fair Work Commission and covers our Centre employees until 2019 so that you are sure that our payment and terms are vertically related. Additional allowances: We believe that additional responsibilities should be rewarded. That is why we offer additional allowances to our head of education, teacher mentors and centre leaders, who are also appointed teachers. We give our employees time to relax and get additional support in the event of personal commitment. In addition to annual leave, Goodstart offers a wide range of paid leave rights, including: the clause at issue was clause 36, which states that “unused annual leave rights are paid in the event of termination, but the charge is not paid in the event of termination leave.” This provision was read in light of the s90 (2) of the Fair Work Act 2009, which provides that in the event of dismissal, the amount payable is due if the worker had taken leave (provided he had taken an annual leave). This section is covered by the NES, which aims to provide for national minimum standards and which, as such, cannot be excluded by an attribution, agreement or other instrument. However, particular attention was paid to the terms “the amount that should have been paid to the worker if the worker had taken that leave” and it was considered that, in that particular agreement, the absence of leave charges must be the minimum standard in force. Fair Work Australia cannot approve an agreement that would violate the rules of interaction for the NES, but an analysis of the legal interpretation that dealt with the Fair Labour Act 2009 and the NES standards outside the enterprise agreement itself established that such a leave charge would not be contrary to national standards and would indeed be the minimum standard in this case. AG2012/3689 s.185 – Request for approval of an individual enterprise agreement by the Aged Community Service Association of NSW – ACT Incorporated and Kanandah Retirement Limited – Sams DP – 9.
March AG2011 /13482 s.225 – Request to terminate an enterprise agreement after the nominal expiry date of A Zalega and Lifestyle Options Inc – Simpson C – March 2 This question related to an application under the S185 of the Fair Work Act 2009 to determine whether a Goodstarty Learning Limited enterprise agreement was compatible with national employment standards (NES). The agreement applies to 16,000 employees of the employer`s 656 child care facilities who are stationed throughout Australia.