Gymea Nursery School and Kindergarten Co-Operative Society Limited T/A Gymea Community Preschool

[2011] FWA 1468

[2011] FWA 1468

FAIR WORK AUSTRALIA

DECISION

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

Gymea Nursery School and Kindergarten Co-Operative Society Limited T/A Gymea Community Preschool
(AG2011/7066)

COMMISSIONER MCKENNA SYDNEY, 8 MARCH 2011

Single Enterprise Agreement for Permanent Part Time Administration/Accounts Officer Position

[1] On 2 March 2011, Gymea Nursery School and Kindergarten Co-Operative Society Limited T/A Gymea Community Preschool (“the applicant”) filed an application for the approval of a single enterprise agreement pursuant to s.185 of the Fair Work Act 2009. The document filed by the applicant as an enterprise agreement is, in form and substance, a letter dated 1 February 2011 from the applicant’s President/Board of Directors to an individually-named employee setting out the terms of her renewed contract of employment. Even if the document, which the named employee co-signed, could be considered to be an enterprise agreement, there were certain difficulties disclosed in responses in the Form F17 (Employer’s Declaration in Support of Application for Approval of Enterprise Agreement) in relation to pre-approval steps, such as apparently would have jurisdictionally impeded approval.

[2] On 4 March 2011, correspondence was forwarded to the applicant flagging concerns about the application and, against that background, asking whether the applicant wished to consider filing a notice of discontinuance or, in the alternative, asking whether the applicant wished the application to be listed. On 7 March 2011, the applicant filed a notice of discontinuance. In the circumstances, the proceedings are now concluded.

COMMISSIONER

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