Woodbury Autism Education and Research Limited

[2018] FWCA 6490

[2018] FWCA 6490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Woodbury Autism Education and Research Limited
(AG2018/2567)

WOODBURY AUTISM EDUCATION AND RESEARCH LIMITED ABA THERAPISTS AGREEMENT 2018

Educational services
COMMISSIONER MCKENNA	SYDNEY, 22 OCTOBER 2018

Application for approval of the Woodbury Autism Education and Research Limited ABA Therapists Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Woodbury Autism Education and Research Limited ABA Therapists Agreement 2018 (“the Agreement”). The application was made by the Association of Independent Schools NSW (“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 the relevant requirements of ss.186, 187 and 188 of the Act concerning this application for approval have been met, with the provision of the written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be terms of the Agreement.

[3] Separately, the Agreement provides certain arrangements in relation to cashing-out of long service leave, but relevantly only as to accrued entitlements beyond the minima in the Long Service Leave Act (1955)(NSW) (and see Armacell Australia Pty Ltd [2010] FWAFB 9985).

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

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Annexure A