Early Childhood Australia Ltd T/A Early Childhood Australia

Case

[2022] FWCA 1890

9 JUNE 2022


[2022] FWCA 1890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Early Childhood Australia Ltd T/A Early Childhood Australia

(AG2022/1579)

Early Childhood Australia Enterprise Agreement 2022-2026

Clerical industry

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 9 JUNE 2022

Application for approval of the Early Childhood Australia Enterprise Agreement 2022-2026

  1. An application has been made for approval of an enterprise agreement known as the Early Childhood Australia Enterprise Agreement 2022-2026 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) 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 subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

  1. Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 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.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 June 2022. The nominal expiry date of the Agreement is 8 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE516218  PR742465>

Annexure A

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