Independent Education Union of Australia–Queensland and Northern Territory Branch
[2019] FWCA 1310
•1 MARCH 2019
| [2019] FWCA 1310 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Independent Education Union of Australia–Queensland and Northern Territory Branch
(AG2018/5955)
BROADBEACH WATERS KINDERGARTEN & PRESCHOOL KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2018
Children’s services | |
DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 1 MARCH 2019 |
Application for approval of the Broadbeach Waters Kindergarten & Preschool Kindergarten Early Childhood Education Collective Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Broadbeach Waters Kindergarten & Preschool Kindergarten Early Childhood Education Collective Enterprise Agreement 2018 (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–Queensland and Northern Territory Branch (IEUA). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The Agreement lodged contained a cross referencing error at clause 4.1.1(f). On 27 February 2019, the IEUA filed an amended version of the Agreement correcting the cross referencing error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[5] The IEUA, 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2019. The nominal expiry date of the Agreement is 31 December 2021.
DEPUTY PRESIDENT
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Annexure A
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