Ballymore Kindergarten & Preschool Association Inc.

[2014] FWCA 8492

[2014] FWCA 8492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ballymore Kindergarten & Preschool Association Inc.
(AG2014/8104)

BALLYMORE KINDERGARTEN AND PRESCHOOL ASSOCIATION INC EARLY CHILDHOOD ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 27 NOVEMBER 2014

Application for approval of the Ballymore Kindergarten and Preschool Association Inc Early Childhood Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Ballymore Kindergarten and Preschool Association Inc Early Childhood Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ballymore Kindergarten and Preschool Association Inc.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

[5] The consultation term in clause 1.10. in the Agreement does not comply with s.205 of the Act. Therefore 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 and is attached to the Agreement.

COMMISSIONER

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