Tinana Pre School & Kindergarten Association Inc.

[2015] FWCA 8469

[2015] FWCA 8469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tinana Pre School & Kindergarten Association Inc.
(AG2015/6268)

TINANA PRESCHOOL & KINDERGARTEN ASSOCIATION INC. EARLY CHILDHOOD ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Tinana Preschool & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tinana Preschool & Kindergarten Association Inc. Early Childhood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tinana Pre School & Kindergarten Association Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 8 December 2015 and, in accordance with s.54, will operate from 15 December 2015. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

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Annexure A