Independent Education Union of Australia

[2013] FWCA 1964

[2013] FWCA 1964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Independent Education Union of Australia
(AG2013/685)

JIMBOOMBA COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2011

Educational services
COMMISSIONER SIMPSON	BRISBANE, 2 APRIL 2013

Application for variation of the Jimboomba Community Kindergarten Early Childhood Education Enterprise Agreement 2011.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Jimboomba Community Kindergarten Early Childhood Education Enterprise Agreement 2011(Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] In accordance with s.210(3)(a)) of the Act, an application for approval of a variation must be made within 14 days after the variation is made. The variation was made on 6 March 2013, and date of lodgement was 21 March 2013. The application was therefore 1 day out of time. The applicant gave sufficient reason as to why the Tribunal should extend the time for lodgement of the agreement for approval pursuant to s.210(3)(b)) of the Act. Therefore, I am satisfied that the extension of time to lodge the application should be granted.

[3] The variation can be found at Attachment 1 to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 2 April 2013.

COMMISSIONER

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