Florence Kindergarten & Preschool Inc

Case

[2023] FWCA 32

4 JANUARY 2023


[2023] FWCA 32

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Florence Kindergarten & Preschool Inc

(AG2022/5149)

FLORENCE KINDERGARTEN COLLECTIVE ENTERPRISE AGREEMENT 2022

Educational services

DEPUTY PRESIDENT DOBSON

BRISBANE, 4 JANUARY 2023

Application for approval of the Florence Kindergarten Collective Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Florence Kindergarten Collective Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Florence Kindergarten & Preschool Inc (the Applicant). The Agreement is a single enterprise agreement.

  1. 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.

  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 s.190(3) of the Act, I accept the undertakings.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Independent Education Union – Queensland and Northern Territory Branch (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

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