Independent Education Union of Australia
[2022] FWCA 4378
•12 DECEMBER 2022
| [2022] FWCA 4378 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2022/5050)
Moura Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022
| Educational services | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 12 DECEMBER 2022 |
Application for approval of the Moura Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022
The Independent Education Union of Australia (the Applicant) has made an application for the approval of an enterprise agreement known as the Moura Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
Moura Community Kindergarten Inc. (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.
In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. It was provided with the opportunity to raise and address any objections it had to the undertakings proffered by the Employer. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Applicant, 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), and based on the declaration provided by the Applicant, I note that the Applicant is covered by the Agreement.
The Agreement was approved on 12 December 2022 and, in accordance with s 54, will operate from 19 December 2022. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
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Annexure A
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