Independent Education Union of Australia

Case

[2023] FWCA 67

10 JANUARY 2023


[2023] FWCA 67

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia

(AG2022/5429)

MONTESSORI CHILDREN’S HOUSE EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2022

Educational services

COMMISSIONER SPENCER

BRISBANE, 10 JANUARY 2023

Application for approval of the Montessori Children’s House Early Childhood Education Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Montessori Children’s House Early Childhood Education Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Montessori Children's House Limited (the Applicant). The Agreement is a single enterprise agreement.

  1. 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. The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions as to the explanation for the late lodgement. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

  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. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2023. The nominal expiry date of the Agreement is 31 December 2025


COMMISSIONER

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