[2012] FWAA 1808
DECISION Fair Work Act 2009 s.185—Enterprise agreement
Independent Education Union of Australia (AG2012/43)
GIN GIN KINDERGARTEN ASSOCIATION INCORPORATED COLLECTIVE AGREEMENT 2012 Educational services VICE PRESIDENT LAWLER
MELBOURNE, 5 MARCH 2012
Application for approval of the Gin Gin Kindergarten Association Incorporated Collective Agreement 2012. [1] An application has been made for approval of an enterprise agreement known as the Gin Gin Kindergarten Association Incorporated Collective Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia. The Agreement is a single-enterprise agreement. [2] I note that the application was lodged out of time. A satisfactory explanation has been provided for the delay. The time for filing the application is extended until 9 January 2012. [3] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. [4] As noted, pursuant to s.190(3), I have accepted an undertaking from Gin Gin Kindergarten Association Incorporated. 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 to this decision. [5] 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) of the Act I note that the Agreement covers this organisation.
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[2012] FWAA 1808
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2012. The nominal expiry date of the Agreement is 31 December 2014.
VICE PRESIDENT Printed by authority of the Commonwealth Government Printer
<Price code G, AE892057 PR520777>
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[2012] FWAA 1808
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Note - this agreement is to be read together with an undertaking given by the employer. The undertaking is taken to be a term of the agreement. A copy of it can be found at the end of this agreement.
T]T[DERTAKINGS (s.190 Fair WorkAct 2009\ WHEREAS:
A.
Gin Gin Kindergarten Association Incorporated (Employer) has applied to Fair Work Australia pursuant to s.185 of the Fair Work Act 2009 (Act) for approval of an enterprise agreement to be known as the Gin Gin Kindergarten Associdion Incorporated Collective Agreement 20 I 2 (Agteement).
B.
FWA has a concern that not all of the requirements in s.186 and s.187 of the Act have boen met in relation to the Agreement but has indicated that it will accept the following undertakings pursuant to s.190 of the Act as meeting its concern so that the Agreement may be approved.
PURSUANT to s.190 of the Act, the Employer hereby undertakes to Fair Work Australia that:
1.
Notwithstanding clause 21.1.3 of the Agreement, the Employer will observe the personaVcarer's leave provisions contained in the National Employment Standards - Division 7 ofPart2-Z of the Act.
2.
It will
ensure that a copy
of these undertakings is made available to all
employees coyered by the Agreement and ensure that a copy of this instrument is attached to any copy of the Agreement provided to employees or made
available in the workplace.
Date:
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signed:
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(A person duly authorised to give this undertaking on behalf of the Employer)