The IEU welcomes Goodstart`s commitment to its employees. Negotiations for a new agreement will begin next year. IEUE will contact Goodstart members early in the new year to discuss any issues it wishes to include in a new agreement. This question related to an application under the Fair Labour Act 2009 to determine whether a Goodstart Early Learning Limited enterprise agreement is 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. The question was whether, in the event of a worker`s termination, employers were to pay leave for annual leave. The IEU successfully negotiated 4.2% annual increases for teachers and principals of the Centre in the current agreement, which expires in February of this year. The last increase of 4.2% in the current agreement was paid in February 2018. Goodstart teachers and centre principals had a surprise for the New Year when they returned to work after the Christmas holidays. The IEU has been informed by Goodstart that teachers and principals at the centre will receive a 4.2% increase from February 2019, before negotiations on launching a new agreement begin this year. 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 AG2012 /3614 s.318 – Instrument Decision Request, New employers and the transfer of employees in the Agreements of Virgin Australia Airlines Pty Limited – Simpson C – on March 19, it states that “unused annual leave fees are paid in the event of dismissal, but the charge is not paid at the end.” 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. C2011/1129 s.170LW Pre-Reform Act – J Slater and VicRoads Dispute Settlement Application (Certified Agreement) – Smith DP – 2. March AG2011/14303 Calendar 3 point 15 – Request to end the collective agreement transition instrument by Centennial Angus Place Pty Limited and APESMA The-Collieries` Staff Division – Roberts C – March 27 AG2012 /5 78 s.185 – Paper Request for Approval of Individual Business AgreementlinX Australia Pty Ltd – Hamilton – DP 300 March AG2011/13482 s.225 – Request to terminate a business agreement after the nominal expiry date by A Zalega and Lifestyle Options Inc – Simpson C – 2 March Fair Work Australia cannot approve an agreement, which would violate the interaction rules for the NES, but was established by an analysis of the legal interpretation, where the Fair Labour Act of 2009 and the NES standards alongside the enterprise agreement itself were established that such a holiday burden would not be in contradiction with national standards and would indeed be the minimum standard in this case.