Application by United Voice NSW Branch

[2019] FWCA 3591

[2019] FWCA 3591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Application by United Voice NSW Branch
(AG2019/1312)

GYMEA NURSERY SCHOOL AND KINDERGARTEN CO-OP SOCIETY LIMITED CHILD CARE EDUCATOR ENTERPRISE AGREEMENT 2019-2021

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 MAY 2019

Application for approval of the Gymea Nursery School and Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Gymea Nursery School and Kindergarten Co-op Society Limited Child Care Educator Enterprise Agreement 2019-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Application by United Voice. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (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 United Voice NSW Branch 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 organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2019. The nominal expiry date of the Agreement is 30 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503596  PR708646>

Annexure A