Wavell Heights Kindergarten Association Inc.
[2022] FWCA 3688
•21 OCTOBER 2022
| [2022] FWCA 3688 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wavell Heights Kindergarten Association Inc.
(AG2022/4166)
Wavell Heights Kindergarten Association Inc Enterprise Agreement 2022
| Educational services | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 21 OCTOBER 2022 |
Application for approval of the Wavell Heights Kindergarten Association Inc Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Wavell Heights Kindergarten Association Inc Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Wavell Heights Kindergarten Association Inc (Employer). The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date it was actually made, being 4 October 2022.
The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 October 2022. The nominal expiry date of the Agreement is 31 March 2026.
DEPUTY PRESIDENT
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Annexure A
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