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[2010] FWAA 7122

DECISIONFair Work Act 2009 s.185—Approval of enterprise agreement

Independent Education Union of Australia(AG2010/1624)

NAMBOUR COMMUNITY PRESCHOOL & KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2009

Educational services

COMMISSIONER ROBERTS SYDNEY, 10 SEPTEMBER 2010

Application for approval of the Nambour Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2010.

[1] An application has been made for approval of an enterprise agreement known as the Nambour Community Preschool & Kindergarten Early Childhood Education Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. The agreement is a single-enterprise agreement.

[2] On 9 September 2010 an undertaking was provided by Ms S Bellamey-Kavanagh, the President of the Nambour Community Preschool & Kindergarten Association Incorporated, in relation to clause 3.4.12 (Severance Pay) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement at Annexure A and form part of the Agreement.

[3] I am also 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] 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.

[2010] FWAA 7122

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[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2010. The nominal expiry date of the Agreement is 31 December 2010.

COMMISSIONER

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[2010] FWAA 7122

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Annexure A

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