Early Learning Association Australia

[2016] FWCA 8786

[2016] FWCA 8786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Early Learning Association Australia
(AG2016/6596)

VICTORIAN EARLY CHILDHOOD AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Victorian Early Childhood Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Early Childhood Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Early Learning Association Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Education Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 December 2016 and, in accordance with s.54, will operate from 14 December 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

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