United Voice

[2013] FWCA 7401

[2013] FWCA 7401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

United Voice
(AG2013/8649)

THE JAMES FAMILY TRUST AND THE JUILLERAT FAMILY TRUST TRADING AS CUDDLE BUGS KINDERGARTEN AND PRE PREP AND UNITED VOICE ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT CATANZARITI	SYDNEY, 26 SEPTEMBER 2013

Application for variation of the The James Family Trust and The Juillerat Family Trust Trading As Cuddle Bugs Kindergarten and Pre Prep and United Voice Enterprise Agreement 2013.

[1] An application has been made to vary the The James Family Trust and The Juillerat Family Trust Trading As Cuddle Bugs Kindergarten and Pre Prep and United Voice Enterprise Agreement 2013 (the Agreement) to remove an ambiguity or uncertainty. The agreement is a single enterprise agreement and the application was made by United Voice pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] United Voice is covered by the Agreement and was initially the applicant to approve the Agreement at first instance. The employer, The James Family Trust and The Juillerat Family Trust Trading As Cuddle Bugs Kindergarten and Pre Prep and United Voice Enterprise Agreement 2013 has supported the application by way of written submission to the Commission.

[3] The application came about as a result of the unintentional omission of three pages of the Agreement when the Agreement was initially submitted for approval. This resulted in an incomplete version of the Agreement being approved.

[4] I am satisfied that each of the requirements of s.217 of the Act have been met. Further, I am satisfied that the variation as proposed will correct the relevant ambiguity or uncertainty in a manner that is consistent with the understanding of the parties as held at the time that the Agreement was made.

[5] Section 217 of the Act empowers the Fair Work Commission to specify the operative date for a variation as part of this decision. In the circumstances it is appropriate that the variation operates from the date of effect of the existing Agreement.

[6] Accordingly, the Agreement is hereby varied to include the missing pages and the variation will operate on and from 16 August 2013. The full version of the agreement, as varied, is attached to this decision.

VICE PRESIDENT

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