Maryborough Community Kindergarten & Pre-Prep Schooling Association Inc T/A Maryborough Community Kindergarten

[2020] FWCA 2151

[2020] FWCA 2151

FAIR WORK COMMISSION

DECISION

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

Maryborough Community Kindergarten & Pre-Prep Schooling Association Inc T/A Maryborough Community Kindergarten
(AG2020/538)

MARYBOROUGH COMMUNITY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2020

Children's services
COMMISSIONER SPENCER	BRISBANE, 24 APRIL 2020

Application for approval of the Maryborough Community Kindergarten Early Childhood Education Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Maryborough Community Kindergarten Early Childhood Education Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by the Maryborough Community Kindergarten & Pre-Prep Schooling Association Inc (the Applicant). The Agreement is a single-enterprise agreement.

[2] Mr Paul Giles, Assistant Secretary/Treasurer of the Independent Education Union of Australia – Queensland and Northern Territory Branch, filed a Form F18 statutory declaration stating the IEU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[3] 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.

[4] I identified a number of matters and sought undertakings from the Applicant. These undertakings were provided to my Chambers and the IEU as the only bargaining representative to the Agreement. The IEU advised my Chambers by email that they concurred with the undertakings provided.

[5] 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 and as Annexure A to this Decision.

[6] The 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) of the Act I note that the Agreement covers IEU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2020. The nominal expiry date of the Agreement is 21 December 2021.

COMMISSIONER

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Annexure A.