Kenmore West Pre School and Kindergarten Inc

[2020] FWCA 2101

[2020] FWCA 2101

FAIR WORK COMMISSION

DECISION

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

Kenmore West Pre School and Kindergarten Inc
(AG2019/4907)

KENMORE WEST PRE SCHOOL AND KINDERGARTEN INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2019

Children's services
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 APRIL 2020

Application for approval of the Kenmore West Pre School and Kindergarten Inc Early Childhood Education Enterprise Agreement 2019.

[1] Kenmore West Pre School and Kindergarten Inc (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Kenmore West Pre School and Kindergarten Inc Early Childhood Education Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to whether the Agreement passes the better off overall test. The views of the bargaining representatives were sought in relation to the undertakings and no concerns were received. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 30 April 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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