Australian Children’s Education and Care Quality Authority

[2014] FWCA 4393

[2014] FWCA 4393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Children’s Education and Care Quality Authority
(AG2014/1401)

ACECQA ENTERPRISE AGREEMENT 2013-2016

Commonwealth employment
COMMISSIONER MCKENNA	SYDNEY, 1 JULY 2014

Application for approval of the ACECQA Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ACECQA Enterprise Agreement 2013-2016 (“the Agreement”). The application has been made by the Australian Children’s Education and Care Quality Authority (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The applicant has provided written undertakings addressing miscellaneous matters. With the undertakings, I am satisfied each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The views of the bargaining representatives were sought in relation to the undertakings. The Community and Public Sector Union (“CPSU”), and those of the employee bargaining representatives who expressed a view, concurred with the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. The undertakings are taken to be terms of the Agreement. As the Agreement does not contain complying consultation and flexibility terms, the model consultation and flexibility terms are taken to be terms of the Agreement. I note that, notwithstanding the provisions of clauses 158-159 of the Agreement, the provisions of the relevant long service leave statutes will prevail to the extent those clauses may be in disconformity with any minimum long service leave provisions.

[3] The CPSU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2016.

COMMISSIONER

Annexure A

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