Warners Bay Early Learning and Care Centre Inc

[2014] FWCA 4730

[2014] FWCA 4730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warners Bay Early Learning and Care Centre Inc
(AG2014/1737)

WARNERS BAY EARLY LEARNING AND CARE CENTRE ENTERPRISE AGREEMENT 2014

Children’s services
COMMISSIONER MCKENNA	SYDNEY, 15 JULY 2014

Application for approval of the Warners Bay Early Learning and Care Centre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Warners Bay Early Learning and Care Centre Enterprise Agreement (“the Agreement”). The application has been made by Warners Bay Early Learning and Care Centre Inc (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided a written undertaking addressing a discrete matter. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement. Further, I also note, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Independent Education Union of Australia and United Voice NSW Branch concur with the undertaking and have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2017.

COMMISSIONER

Annexure A

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