Independent Education Union of Australia

[2013] FWCA 10207

[2013] FWCA 10207

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2013/12112)

SHAILER ROAD COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 DECEMBER 2013

Application for approval of the Shailer Road Community Kindergarten Early Childhood Education Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Shailer Road Community Kindergarten Early Childhood Education Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Independent Education Union of Australia.

[2] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 13 November 2013, and date of lodgement was 20 December 2013. The application was therefore 23 days out of time. At question 2.8 of Part 2 of the Form 17–Employer’s Declaration in Support of the Application for Approval of Enterprise Agreement, the Applicant gave sufficient reason as to why the Fair Work Commission should extend the time for lodgement of the Agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[3] On the basis of the material before me, 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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