[2012] FWAA 2739
DECISION Fair Work Act 2009 s.185—Enterprise agreement
Independent Education Union of Australia (AG2012/736)
BIRRALEE KINDERGARTEN & COMMUNITY PRESCHOOL CENTRE ASSOCIATION INC. COLLECTIVE AGREEMENT 2012 Educational services VICE PRESIDENT LAWLER
MELBOURNE, 30 MARCH 2012
Application for approval of the Birralee Kindergarten & Community Preschool Centre Association Inc. Collective Agreement 2012. [1] An application has been made for approval of an enterprise agreement known as the Birralee Kindergarten & Community Preschool Centre Association Inc. 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 12 March 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 Birralee Kindergarten & Community Preschool Centre Association Inc.. 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 2739
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 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, AE892818 PR521874>
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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.
From: Sent: To: Subject:
Melbourne@fwa.gov.au 3/29/2012 3:39:11 PM Chambers - Lawler VP FW: AG2012/736 - Application by Independent Education Union of Australia
Attachments:
20120329_163417_00199.tif
Ronda Omran Unfair Dismissals Team Fair Work Australia Tel: 1800 759 566 Fax: 03 9655 0410 ronda.omran@fwa.gov.au -----Original Message----From: 61749722211 [mailto:"61749722211"@faxmaker.com] Sent: Thursday, 29 March 2012 4:34 PM To: Melbourne@fwa.gov.au Subject: AG2012/736 - Application by Independent Education Union of Australia ********************************************************* INCOMING FAX REPORT ********************************************************* Status: Received Date/Time: 29/03/2012 4:34:19 PM Speed: 14400 bps Connection time: 00:37 Pages: 2 Resolution: Normal Remote ID: 61749722211 Line number: 7 DTMF/DID: 0401 Description: Fax received from 61749722211 *********************************************************