Independent Education Union of Australia

[2020] FWCA 3839

[2020] FWCA 3839

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2020/1620)

CANNON HILL KINDERGARTEN AND COMMUNITY PRE SCHOOL EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER SPENCER	BRISBANE, 22 JULY 2020

Application for approval of the Cannon Hill Kindergarten and Community Pre School Early Childhood Education Enterprise Agreement 2020.

[1] The Independent Education Union of Australia (the IEU) has made an application for approval of an enterprise agreement known as the Cannon Hill Kindergarten and Community Pre School Early Childhood Education Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application was made by the IEU on behalf of the Employer, Cannon Hill Kindergarten & Community Preschool Association Inc. The Agreement is a single-enterprise agreement.

[2] Mr Paul Giles, Assistant Secretary/Treasurer of the Independent Education Union of Australia – Queensland and Northern Territory Branch, filed a Form F18 statutory declaration stating the IEU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] I identified a number of matters and sought undertakings from the Applicant. These undertakings were provided to my Chambers and the IEU as the only bargaining representative to the Agreement. The IEU advised my Chambers by email that they concurred with the undertakings provided.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[6] 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 IEU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Annexure A.