Independent Education Union of Australia
[2023] FWCA 388
•8 FEBRUARY 2023
| [2023] FWCA 388 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia
(AG2022/5314)
ST IVES PRESCHOOL KINDERGARTEN WHOLE SERVICE ENTERPRISE AGREEMENT 2022
| Children’s services | |
| COMMISSIONER SCHNEIDER | PERTH, 8 FEBRUARY 2023 |
Application for approval of the St Ives Preschool Kindergarten Whole Service Enterprise Agreement 2022
The Independent Education Union of Australia (the Applicant or the Union) has made an application for the approval of an enterprise agreement known as the St Ives Preschool Kindergarten Whole Service Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The St Ives Preschool Kindergarten Association has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 15 February 2026.
COMMISSIONER
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