Independent Education Union of Australia-Queensland and Northern Territory Branch

[2020] FWCA 390

[2020] FWCA 390

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia-Queensland and Northern Territory Branch
(AG2019/4789)

LOWOOD & DISTRICT COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 JANUARY 2020

Application for approval of the Lowood & District Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia-Queensland and Northern Territory Branch (the Applicant/IEUA) for approval of the Lowood & District Community Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (the Agreement). The Employer to be covered by the Agreement is the Lowood and District Community Kindergarten Association Inc (the Employer). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant, the Employer and the bargaining representatives on 30 December 2019, raising concerns in relation to the Agreement.

[3] The Applicant filed undertakings addressing the concerns raised, on 16 January 2020.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The IEUA filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 IEUA.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

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<AE506865  PR716165>

Attachment A