Carina Kindergarten & Preschool Assoc. Inc.

[2020] FWCA 2036

[2020] FWCA 2036

FAIR WORK COMMISSION

DECISION

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

Carina Kindergarten & Preschool Assoc. Inc.
(AG2020/508)

CARINA KINDERGARTEN & PRESCHOOL ASSOC. INC. COLLECTIVE ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER BOOTH	BRISBANE, 20 APRIL 2020

Application for approval of the Carina Kindergarten & Preschool Assoc. Inc. Collective Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Carina Kindergarten & Preschool Assoc. Inc. (the Applicant) for approval of the Carina Kindergarten & Preschool Assoc. Inc. Collective Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 17 March 2020, raising concerns in relation to the Agreement.

[3] The Applicant filed submissions and undertakings addressing the concerns raised, on 25 March 2020.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] It is noted that clause 25.4 – redundancy, may be inconsistent with the National Employment Standards (NES). However, noting the NES precedence clause at clause 3.2 of the Agreement, I am satisfied that where the NES provides a great benefit, the NES provision will apply to the extent of the inconsistency.

[6] Subject to the undertakings provided and the matter raised at paragraph [5], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with clause 4.1 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

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Attachment A