Yooralla

[2014] FWCA 5054

[2014] FWCA 5054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yooralla
(AG2014/1744)

YOORALLA CHILDREN’S SERVICES TEACHERS AND CO-EDUCATORS AGREEMENT 2014

Educational services
COMMISSIONER BISSETT	MELBOURNE, 25 JULY 2014

Application for approval of the Yooralla Children’s Services Teachers and Co-Educators Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Yooralla Children’s Services Teachers and Co-Educators Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made byYoralla. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Australian Education Union, 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.

[6]  The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure

244 Flinders Street

MELBOURNE VIC 8009

Telephone [phone]

Facsimile 03 9916 5900

14 005 304 432

Commissioner M Bissett

Fair Work Commission

11 Exhibition Street, Melbourne Victoria 3000

GPO Box 1994, Melbourne Victoria 3001

21 July 2014

By Email

Dear Commissioner,

AG2014/1744 - Application for approval of the Yooralla Children's Services Teachers and Co-Educators Agreement 2014

I write to express the commitment by Yooralla to the Fair Work Commission to ensure that, if it is clear that there is any inconsistency between the Agreement and the underpinning Awards, the more generous provision will apply. As stated in Form F17, section 3.5, this will apply before and after the nominal expiry date of the Agreement.

Yours sincerely

Peter O’Donoghue

Employee Relations Manager, 

Yooralla

Level 1, 342 Flinders St., Melbourne 3000

Tel. [phone].  Mob: [phone]

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