Gatton Kindergarten Association Incorporated T/A Gatton Kindergarten

[2019] FWCA 4852

[2019] FWCA 4852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gatton Kindergarten Association Incorporated T/A Gatton Kindergarten
(AG2019/2195)

GATTON KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER LEE	MELBOURNE, 11 JULY 2019

Application for approval of the Gatton Kindergarten Early Childhood Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gatton Kindergarten Early Childhood Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gatton Kindergarten Association Incorporated T/A Gatton Kindergarten. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that clauses 3.3.2 of the Agreement provides that where the employee fails to give notice, the Employer has the right to withhold monies due to an amount equal to the ordinary time rate for the period of notice not given. In my view, the clause may provide for deductions which are not permitted deductions within the meaning of s.324 of the Act. Pursuant to s.326 of the Act, the clause will have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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