Independent Education Union of Australia

[2023] FWCA 899

[2023] FWCA 899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Independent Education Union of Australia

(AG2023/483)

BOOPA WEREM KINDERGARTEN EARLY CHILDHOOD COLLECTIVE EDUCATION ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER SPENCER	BRISBANE, 24 MARCH 2023

Application for approval of the Boopa Werem Kindergarten Early Childhood Collective Education Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Boopa Werem Kindergarten Early Childhood Collective Education Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia (the Applicant). The Employer is Boopa Werem Kindergarten and Preschool Association Incorporated Trading as Boopa Werem Kindergarten and Preschool (the Employer). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of undertakings by the Employer, 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.

1. As noted, pursuant to s.190(3), I have accepted undertakings from the Employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

1. 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.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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