Wanslea Early Learning & Development Inc

[2014] FWC 4444

[2014] FWC 4444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wanslea Early Learning & Development Inc
(AG2014/1564)

DEPUTY PRESIDENT SMITH MELBOURNE, 3 JULY 2014

Application for approval of the Wanslea Early Learning and Development Inc Enterprise Agreement 2014 - notice of employee representational rights did not comply with the requirements of the Fair Work Act 2009 — application for approval dismissed.

[1] This is an application to approve an enterprise agreement titled the Wanslea Early Learning and Development Inc Enterprise Agreement 2014 (the Agreement).

[2] There are three broad areas of concern with the Agreement. Issues concerning the better off overall test and individual flexibility term could be resolved by way of an undertaking, however, the notice of employee representational rights does not comply with the requirements of section 174(1A) of the Fair Work Act 2009 and regulation 2.05 and schedule 2.1 of the Fair Work Regulations 2009. The application must fail. 1

[3] I refuse to approve the Agreement.

DEPUTY PRESIDENT

 1   Peabody Moorvale Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FWCFB 2042.

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