Birralee Kindergarten and Community Preschool Association Inc

Case

[2023] FWCA 781

10 MARCH 2023


[2023] FWCA 781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Birralee Kindergarten and Community Preschool Association Inc

(AG2023/400)

Birralee Kindergarten & Community Preschool Association Inc. Early Childhood Enterprise Agreement 2022

Educational Services

DEPUTY PRESIDENT DOBSON

BRISBANE, 10 MARCH 2023

Application for approval of the Birralee Kindergarten & Community Preschool Assoc Inc. Early Childhood Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Birralee Kindergarten & Community Preschool Association Inc. Early Childhood Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Birralee Kindergarten and Community Preschool Association Inc (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

  1. 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.

  1. Pursuant to s.190(3) of the Act, I accept the undertakings.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Independent Education Union – Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 16 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519466  PR760216>

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