The Creche and Kindergarten Association Limited

[2019] FWCA 8053

[2019] FWCA 8053

FAIR WORK COMMISSION

DECISION

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

The Creche and Kindergarten Association Limited
(AG2019/3423)

C & K CHILDREN'S SERVICES ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER SIMPSON	BRISBANE, 26 NOVEMBER 2019

Application for approval of the C & K Children's Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the C & K Children's Services 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 the Creche and Kindergarten Association Limited.

[2] The Agreement is a single enterprise agreement.

[3] Mr Garry Bullock, Branch Secretary for the Queensland Branch of United Voice, lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that United Voice wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] In accordance with s.201(2) of the Act, I note the Agreement covers United Voice.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Appendix A.