Independent Education Union of Australia (130N); The Chinchilla Community Kindergarten Inc T/A Chinchilla Community Kindergarten

[2021] FWCA 5837

[2021] FWCA 5837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia (130N);
The Chinchilla Community Kindergarten Inc T/A Chinchilla Community Kindergarten
(AG2021/6701)

THE CHINCHILLA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2021

Children’s services
COMMISSIONER HUNT	BRISBANE, 15 SEPTEMBER 2021

Application for approval of The Chinchilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2021.

[1] The Independent Education Union of Australia (130N) (the IEU), as an employee organisation that acted as a bargaining representative, has applied for approval of an enterprise agreement known as The Chinchilla Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement. The Agreement covers The Chinchilla Community Kindergarten Inc T/A Chinchilla Community Kindergarten (the Employer).

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the IEU regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The IEU, 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) of the Act I note that the Agreement covers the IEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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ANNEXURE A