AG2012/3689 s.185 – Application for authorisation of a single company agreement by the Aged & Community Service Association of NSW &ACT Incorporated and Kanandah Retirement Limited – Sams DP – 9. March AG2012/578 s.185 – Application for approval of a sole proprietorship agreement by PaperlinX Australia Pty Ltd – Hamilton DP – 30 March You say that investments in early learning are directly linked to increasing Australia`s future prosperity. The “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. AG2011/14303 Schedule 3 Item 15 – Request for termination of the transition instrument by Centennial Angus Place Pty Limited and APESMA The-Collieries` Staff Division – Roberts C – 27. March AG2011/14742 s.185 – Application for approval of a single company agreement by South Sydney Junior Rugby League Club Ltd T/A Juniors to Hawkesbury and Club Managers` Association, Australia – Sams DP – 2 March This case concerned an application under section 185 of the Fair Work Act 2009 to determine whether a company agreement by Goodstart Early Learning Limited is compatible with National Employment Standards (NES). This Agreement applies to 16,000 employees in the employer`s 656 childcare centres throughout Australia. The question was whether employers were required to pay leave for annual leave in the event of a worker`s dismissal. The relevant provision was article 36, which stated: “Unused annual leave entitlements shall be paid in the event of termination, but not during paid leave in the event of dismissal”. This provision has been read in the light of section 90(2) of the Fair Work Act 2009, which provides that in the event of dismissal, the amount to be paid is due to a worker if that worker has taken his leave (provided that he has accumulated annual leave).
This section is covered by the NES, which must provide for national minimum standards and which, as such, cannot be excluded by a call for tenders, an agreement or other modern instrument. However, particular attention was paid to the words “the amount that should have been paid to the worker if the worker had taken that leave” and it was understood that, in that specific agreement, the absence of a leave burden was the basic minimum standard in force. Fair Work Australia cannot approve an agreement that would be contrary to the interaction rules for the NES, but an analysis of the legal interpretation, which considered the Fair Work Act 2009 and the NES standards in addition to the company agreement itself, established that such a holiday load would not be contrary to national standards and, in that case, would effectively constitute the minimum standard. . . .