Fit Kidz Services Pty Ltd

[2019] FWCA 2428

[2019] FWCA 2428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fit Kidz Services Pty Ltd
(AG2018/4775)

FIT KIDZ LEARNING CENTRES EMPLOYEE COLLECTIVE AGREEMENT (2018-2022)

Children's services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 APRIL 2019

Application for approval of the Fit Kidz Learning Centres Employee Collective Agreement (2018-2022).

[1] An application has been made for approval of an enterprise agreement known as the Fit Kidz Learning Centres Employee Collective Agreement (2018-2022) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fit Kidz Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 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.

[5] The Agreement was approved on 9 April 2019 and, in accordance with s.54, will operate from 16 April 2019. The nominal expiry date of the Agreement is 9 April 2023.

COMMISSIONER

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Annexure A