Alderley Kindergarten And Preschool Assoc Inc

Case

[2022] FWCA 4515

20 DECEMBER 2022


[2022] FWCA 4515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Alderley Kindergarten And Preschool Assoc Inc

(AG2022/5223)

Alderley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

Educational services

COMMISSIONER HUNT

BRISBANE, 20 DECEMBER 2022

Application for approval of the Alderley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022

  1. Alderley Kindergarten And Preschool Assoc Inc (the Employer) has applied for approval of an enterprise agreement known as the Alderley Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

  1. I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Independent Education Union of Australia (the IEU) being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act I note that the Agreement covers the IEU.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2022.  The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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