UWS Early Learning

[2017] FWCA 1691

[2017] FWCA 1691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UWS Early Learning
(AG2016/7910)

WESTERN SYDNEY UNIVERSITY EARLY LEARNING SERVICES ENTERPRISE AGREEMENT (2016-2019)

Educational services
DEPUTY PRESIDENT DEAN	MELBOURNE, 27 MARCH 2017

Application for approval of the Western Sydney University Early Learning Services Enterprise Agreement (2016-2019).

[1] An application has been made for approval of an enterprise agreement known as the Western Sydney University Early Learning Services Enterprise Agreement (2016-2019) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UWS Early Learning. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 27 March 2017 and, in accordance with s.54, will operate from 3 April 2017. The nominal expiry date of the Agreement is 27 March 2020.

DEPUTY PRESIDENT

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Annexure A