Sherwood Community Kindergarten Inc

[2013] FWCA 528

[2013] FWCA 528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sherwood Community Kindergarten Inc
(AG2013/4206)

SHERWOOD COMMUNITY KINDERGARTEN INC EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2012

Educational services
COMMISSIONER ROBERTS	SYDNEY, 23 JANUARY 2013

Application for approval of the Sherwood Community Kindergarten Inc Early Childhood Education Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Sherwood Community Kindergarten Inc Early Childhood Education Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sherwood Community Kindergarten Inc (the Kindergarten). The agreement is a single-enterprise agreement.

[2] On 15 January 2013 an undertaking was provided by the Kindergarten’s Committee President, Mr A Duffield, in relation to clause 1.8 (Dispute Resolution) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Kindergarten. The undertaking is taken to be a term of the agreement and a copy is attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Independent Education Union of Australia - Queensland and Northern Territory Branch, 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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Annexure A