Dysart Kindergarten Association Inc T/A Dysart Kindergarten

[2023] FWCA 1111

[2023] FWCA 1111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dysart Kindergarten Association Inc T/A Dysart Kindergarten

(AG2023/399)

DYSART KINDERGARTEN ENTERPRISE AGREEMENT 2022

Children’s services
COMMISSIONER HUNT	BRISBANE, 19 APRIL 2023

Application for approval of the Dysart Kindergarten Enterprise Agreement 2022

1. Dysart Kindergarten Association Inc T/A Dysart Kindergarten (the Employer) has applied for approval of an enterprise agreement known as the Dysart Kindergarten Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertaking is attached at Annexure A.  There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.  Pursuant to s.190 of the Act, I accept the undertaking.  In accordance with s.201(3) of the Act, I note that the undertaking are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertaking referred to above, 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2023.  The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

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Annexure A – Undertaking