Highfields & District Kindergarten Association Inc

[2019] FWCA 8032

[2019] FWCA 8032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highfields & District Kindergarten Association Inc
(AG2019/4064)

HIGHFIELDS & DISTRICT KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children’s services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 NOVEMBER 2019

Application for approval of the Highfields & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] Highfields & District Kindergarten Association Inc has applied for approval of a single enterprise agreement known as the Highfields & District Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement passes the “better off overall” test. Further information was provided by the Applicant in response to the concerns and supported by the bargaining representatives of the employees.

[3] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[4] The Independent Education Union of Australia – Queensland and Northern Territory Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement was approved on 26 November 2019 and, in accordance with s.54, will operate from 3 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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