Williamstown Child Care Centre Cooperative

[2013] FWCA 8971

[2013] FWCA 8971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Williamstown Child Care Centre Cooperative
(AG2013/11371)

THE WILLIAMSTOWN CHILD CARE CENTRE COOPERATIVE ENTERPRISE AGREEMENT 2012 - 2015

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 14 NOVEMBER 2013

Application for variation of the Williamstown Child Care Centre Cooperative Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of a variation to the Williamstown Child Care Centre Cooperative Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the Williamstown Child Care Centre Cooperative.

[2] Section 211(3) requires that the application must be made within 14 days after the variation is made, or if in all the circumstances the Fair Work Commission (the Commission) considers it fair to extend that period.

[3] The variation was made on 23 October 2013 and the application was lodged with the Commission on 8 November 2013. The application was made 2 days late. The applicant had attempted to make arrangements for the application to be submitted by fax prior to the public holiday in Victoria on 5 November 2013. The applicant was not aware that a technical fault had effected the sending of the fax, when she became aware of the fault on 8 November the application was submitted. I consider it fair in all the circumstances to extend the period for the making of the application.

[4] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[5] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] The variation operates from 18 November 2013.

COMMISSIONER

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