Malanda Community Kindergarten Association Inc T/A Malanda Community Kindergarten

Case

[2022] FWCA 2337

13 JULY 2022


[2022] FWCA 2337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Malanda Community Kindergarten Association Inc T/A Malanda Community Kindergarten

(AG2022/1537)

Malanda Community Kindergarten Enterprise Agreement 2021

Children’s services

COMMISSIONER SPENCER

BRISBANE, 13 JULY 2022

Application for approval of the Malanda Community Kindergarten Enterprise Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the Malanda Community Kindergarten Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Malanda Community Kindergarten Association Inc T/A Malanda Community Kindergarten (the Applicant). The Agreement is a single enterprise agreement.

  1. Subject to matters that have been addressed by way of undertakings, 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. As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

  1. The Independent Education Union – Queensland and Northern Territory Branch (IEU) 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 IEU.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2022. The nominal expiry date of the Agreement is 31 December 2023.


COMMISSIONER

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