Emily Foord Memorial Kindergarten & Preschool Association Inc

[2014] FWCA 1259

[2014] FWCA 1259

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Emily Foord Memorial Kindergarten & Preschool Association Inc
(AG2014/53)

EMILY FOORD MEMORIAL KINDERGARTEN ASSOCIATION INCORPORATED ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER BOOTH	BRISBANE, 19 FEBRUARY 2014

Application for approval of the Emily Foord Memorial Kindergarten Association Incorporated Enterprise Agreement 2014 - correction to replace decision in its entirety to include model consultation clause.

[1] The decision issued by Fair Work Commission on 19 February 2014 in [2014] FWCA 1259 print PR547974 is replaced in its entirety as follows.

[2] An application has been made for approval of a single enterprise agreement known as the Emily Foord Memorial Kindergarten Association Incorporated Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Emily Foord Memorial Kindergarten & Preschool Association Inc.

[3] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation term in clause 1.10 in the Agreement does not comply with s.205 of the Act. Therefore pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 26 February 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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<Price code G, AE406963  PR547985>