Catholic Commission for Employment Relations

[2019] FWCA 5334

[2019] FWCA 5334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2019/2063)

SANTA SABINA COLLEGE - MARY BAILEY HOUSE EARLY EDUCATION CENTRE AND OUT OF SCHOOL HOURS STAFF ENTERPRISE AGREEMENT 2019-2021

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 31 JULY 2019

Application for approval of the Santa Sabina College - Mary Bailey House Early Education Centre and Out of School Hours Staff Enterprise Agreement 2019-2021.

[1] Catholic Commission for Employment Relations has made an application for approval of an enterprise agreement known as the Santa Sabina College - Mary Bailey House Early Education Centre and Out of School Hours Staff Enterprise Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the Agreement was made. Submissions were provided to the Commission in an email dated 26 July 2019 as to the explanation for the late lodgment. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[6] The Agreement was approved on 31 July 2019 and, in accordance with s 54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504688  PR710895>

Annexure A