St Thomas’s Riverview Kindergarten Inc.

[2020] FWCA 401

[2020] FWCA 401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Thomas’s Riverview Kindergarten Inc.
(AG2019/5026)

ST THOMAS’S RIVERVIEW KINDERGARTEN EARLY CHILDHOOD EDUCATION COLLECTIVE ENTERPRISE AGREEMENT 2019

Children’s services
COMMISSIONER WILSON	MELBOURNE, 31 JANUARY 2020

Application for approval of the St Thomas’s Riverview Kindergarten Early Childhood Education Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St Thomas’s Riverview Kindergarten Early Childhood Education Collective Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Thomas’s Riverview Kindergarten Inc.. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged with the Fair Work Commission contained typographical errors in Clauses 2.4.4, 5.1.3 and 4.1.3(a)(iii). On 15 January 2020, the Applicant filed amended Agreement pages pursuant to s.586 of the Act correcting the typographical errors by renumbered Clause 2.4.5 to Clause 2.4.4, correcting Clause 5.1.3 to reference Clause 1.5.10 and correcting Clause 4.1.3 (a)(iii) to remove the reference to Clause 4.1.2(d). I am satisfied that the correction to the Clauses should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Independent 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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<AE506872  PR716180>

Annexure A