Bellbowrie Kindergarten and Pre-school Association Inc

[2020] FWCA 3876

[2020] FWCA 3876

FAIR WORK COMMISSION

DECISION

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

Bellbowrie Kindergarten and Pre-school Association Inc
(AG2020/1852)

BELLBOWRIE KINDERGARTEN AND PRE-SCHOOL ASSOCIATION EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Children's services
COMMISSIONER SPENCER	BRISBANE, 29 JULY 2020

Application for approval of the Bellbowrie Kindergarten and Pre-School Association Early Childhood Education Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bellbowrie Kindergarten and Pre-School Association Early Childhood Education Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application was made by the Bellbowrie Kindergarten and Pre-school Association Inc (the Applicant), represented by the Australian Council of Trade Unions (the ACTU). The Agreement is a single-enterprise agreement.

[2] I identified a number of matters and sought responses and undertakings from the Applicant. These undertakings were provided to my Chambers on 17 July 2020. Mr Pam Niven, the single employee bargaining representative, advised my Chambers he agreed with the undertakings and responses and supported approval of the Agreement.

[3] Subject to matters that have been addressed by way of undertakings, 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.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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Annexure A.