IEU win at the Fair Work Commission
The Fair Work Commission has handed down a recommendation today in favour of an IEU member in a dispute about the interpretation of the new CMEA right for a non-initial primary caregiver to take 12 weeks paid parental leave.
Although the decision is a recommendation and not legally binding, the union expects schools will follow the Commission’s approach in interpreting the new entitlement.
Understanding the new Parental Leave entitlement
Under Clause 19.3 of the Independent Schools (Teachers) Cooperative Multi-Enterprise Agreement 2025 (CMEA), an employee (usually the father) is entitled to paid parental leave to be the primary carer of a child within twelve months of the birth after the initial carer (usually the mother) has taken leave. Similar provisions exist in the Professional and Operational Staff CMEAs.
Fair Work Commission rejects school’s interpretation
The dispute concerned an IEU member who applied to be the non-initial primary caregiver in April this year, after the new CMEA had commenced. The school denied his request for 12 weeks of paid leave under the new CMEA, arguing that a transitional clause excluded him from the new entitlement because he had taken two weeks concurrent parental leave under the old MEA at the time of birth. Deputy President Slevin, of the Fair Work Commission, has today rejected this view, confirming that our member’s earlier leave was a separate, completed period and did not prevent him from accessing the new entitlement.
What this means for IEU members in independent schools (AIS)
This decision confirms that under the 2025 CMEA, teachers who become the primary caregiver within 12 months of their child’s birth are eligible for up to 12 weeks of paid parental leave, even if they previously took a short period of concurrent leave. This means members who were previously denied paid leave may now be entitled to it.
Please advise any members who may be affected by the decision of this outcome. If members were previously denied access to the leave, they should contact the school and inform them of the decision.
Members should contact their IEU Organiser immediately if further support is needed to access the entitlement.