The provision at issue was section 36, which stated that “unused annual leave fees are paid in the event of termination, but the charge is not paid in the event of a leave of absence.” 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. NSW/ACT IEU is continuing negotiations with the Sydney Day Nursery (SDN) on its proposed enterprise agreement. What SDN is proposing is unfavourable to the Enterprise Agreement (EA) that was recently negotiated with Goodstart. The Goodstart agreement provides for a 4.5% wage increase in 2016 and 2017 and an additional 4.2% in 2018 to correct the pay gap between early childhood teachers and their colleagues in primary schools. The EA Goodstart officially acknowledges that early childhood teachers are underpaid. Other aspects of the Goodstart agreement include $37.35 per week for the follow-up of another employee, $21.25 per week for teachers appointed as principals of education and $29.25 per day for the supervision of trainees. They say investments in early learning are directly linked to Australia`s growing future prosperity. The Early Start: Everyone Benefits campaign has published the State of Early Learning in Australia Report 2016, which contains new data showing low rates of investment and participation in early learning. There are other options, as the SDN proposal offers less than Goodstart.

Only one negotiating meeting is planned and the NDS has indicated that if an agreement is not reached at this meeting, they intend to put their proposal to a vote. AG2012/578 s.185 – Application for approval of an individual enterprise agreement by PaperlinX Australia Pty Ltd – Hamilton DP – March 30 AG2012/3689 s.185 – Application for approval of an individual enterprise agreement of the Aged Community Service Association of NSW – ACT Incorporated and Kanandah Retirement Limited – SamS DP – 9. March AG2012/3614 s.318 – Request for instrument order for new employers and transfers Workers in Agreements of Virgin Australia Airlines Pty Limited – Simpson C – 19 March AG20 11/14303 provide 3 point 15 – Centennial Angus Place Pty Limited and APESMA Collieries Staff – Roberts C – 27. This question related to an application under the S185 of the Fair Work 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. 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. AG2011/14742 s.185 – Application for approval of an individual enterprise agreement by South Sydney Junior Rugby League Club Ltd T/A Juniors on Hawkesbury and Club Managers` Association, Australia – Sams DP – 2.

March AG2011/13482 s.225 – Request to terminate an enterprise agreement after the nominal expiry date by A Zalega and Lifestyle Options Inc – Simpson C – March 2 C2011 / 1129 s.170LW Pre-Reform Act – Jlater and VicRoads Dispute Settlement Application (Certified Agreement) – Smith – March 2.