Independent Education Union of Australia
[2017] FWCA 1648
•23 MARCH 2017
| [2017] FWCA 1648 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2017/427)
REDDAM HOUSE (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2017
Educational services | |
COMMISSIONER JOHNS | SYDNEY, 23 MARCH 2017 |
Application for approval of the Reddam House (Support and Operational Staff) Enterprise Agreement 2017.
[1] On 30 January 2017 the Independent Education Union of Australia (Applicant) made an application for approval of the Reddam House (Support and Operational Staff) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.
[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Fair Work Commission (Commission) invited the Applicant to explain the late lodgement. On 22 March 2017 Ms Verena Heron, advised that the Agreement was lodged late due to the fact that she was absent from work when Reddam House emailed her the documents on the fourteenth day. Ms Heron filed the Agreement when she returned to work the next day. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).
[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.
[4] The Independent Education Union of Australia, 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), the Commission notes that the Agreement covers this organisation.
[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 March 2017. The nominal expiry date of the Agreement is 31 January 2021.
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