Independent Education Union of Australia NSW/ACT Branch

[2013] FWCA 5828

[2013] FWCA 5828

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia NSW/ACT Branch
(AG2013/8031)

GOONELLABAH PRE SCHOOL KINDERGARTEN INC TEACHERS AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 16 AUGUST 2013

Application for approval of the Goonellabah Pre School Kindergarten Inc Teachers Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Goonellabah Pre School Kindergarten Inc Teachers Agreement 2013 (“the Agreement”). The application has been made by the Independent Education Union of Australia NSW/ACT Branch (“IEU”), as employee organisation bargaining representative, pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. Goonellabah Pre-School Inc. has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The IEU concurs with the content of the undertakings. The IEU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. I note there is a typographical error in the Agreement regarding the specific nominal expiry date. After hearing submissions from the parties, I note the nominal expiry date is 31 January 2016.

COMMISSIONER

Annexure A

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