Independent Education Union of Australia

[2014] FWCA 4294

[2014] FWCA 4294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2014/6407)

BEGA PRE-SCHOOL ASSOCIATION INCORPORATED TEACHERS COLLECTIVE AGREEMENT 2014

Educational services
COMMISSIONER MCKENNA	SYDNEY, 27 JUNE 2014

Application for approval of the Bega Pre-School Association Incorporated Teachers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bega Pre-School Association Incorporated Teachers Collective Agreement 2014 (“the Agreement”). The application has been made by the Independent Education Union of Australia (“the IEU”), as employee organisation bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. I note the application was lodged one day outside the timeframe specified in s.185(3)(a) of Act. I am satisfied with the explanation provided in the papers and consider it would be fair to extend the period in which the application must be made. Bega Pre-School Association Incorporated has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The IEU concurs with the undertakings and has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is three years thereafter.

COMMISSIONER

Annexure A

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