[2012] FWAA 6653
DECISION Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement
Independent Education Union of Australia (AG2012/7333)
ROCKHAMPTON SOUTH KINDERGARTEN COLLECTIVE AGREEMENT 2012 Educational services COMMISSIONER SIMPSON
BRISBANE, 7 AUGUST 2012
Application for approval of the Rockhampton South Kindergarten Collective Agreement 2012. [1] An application has been made for approval of an enterprise agreement known as the Rockhampton South Kindergarten Collective Agreement 2012 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Independent Education Union of Australia. The agreement is a single enterprise agreement. [2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. [3] The flexibility clause does not satisfy the requirements of the Act. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. [4] 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 the organisation. [5] The agreement is approved. In accordance with s.54(1) it will operate from 14 August 2012. The nominal expiry date of the agreement is 31 December 2014.
COMMISSIONER
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[2012] FWAA 6653
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