Independent Education Union of Australia

[2015] FWCA 8682

[2015] FWCA 8682

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2015/6723)

INDEPENDENT SCHOOLS NSW (TEACHERS) REDDAM HOUSE AGREEMENT 2015-2017

Educational services
COMMISSIONER JOHNS	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Independent Schools NSW (Teachers) Reddam House Agreement 2015-2017.

[1] On 17 November 2015 the Independent Education Union of Australia (Applicant) made an application for approval of the Independent Schools NSW (Teachers) Reddam House Agreement 2015-2017 (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 9 December 2015 Robert Seals advised that the Agreement was lodged late due to the employers’ unfamiliarity with the pre-approval steps in circumstances whereby the employer believed that it had 14 calendar days in which to lodge the application. 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, have 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 23 December 2015. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

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