Shafston House College Limited

[2013] FWCA 3028

[2013] FWCA 3028

FAIR WORK COMMISSION

DECISION

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

Shafston House College Limited
(AG2013/1091)

SHAFSTON HOUSE ELICOS TEACHERS ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 15 MAY 2013

Application for approval of the Shafston House ELICOS Teachers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shafston House ELICOS Teachers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Shafston House College Limited. The Agreement is a single-enterprise agreement.

[2] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 19 April 2013, and date of lodgement was 6 May 2013. The application was therefore 3 days out of time. In the correspondence received on 6 May 2013, sufficient reasons were outlined as to why the Tribunal should extend the time for lodgement of the agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[3] 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] TheIndependent Education Union of Australia, 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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2013. The nominal expiry date of the Agreement is 14 May 2014.

COMMISSIONER

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