Acton Early Childhood Centre Inc T/A Acton Early Childhood Centre

[2019] FWCA 1078

[2019] FWCA 1078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acton Early Childhood Centre Inc T/A Acton Early Childhood Centre
(AG2018/3688)

ACTON EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2018 –2021

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 FEBRUARY 2019

Application for approval of the Acton Early Childhood Centre Enterprise Agreement 2018-2021 (the Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Acton Early Childhood Centre Enterprise Agreement 2018-2021 (the Agreement) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acton Early Childhood Centre Inc T/A Acton Early Childhood Centre. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] The Agreement lodged contained errors at clause 27.1. On 12 February 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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Annexure A