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[2012] FWAA 4856

DECISIONFair Work Act 2009 s.185—Enterprise agreement

Independent Education Union of Australia(AG2012/1792)

RED HILL KINDERGARTEN ASSOCIATION INC COLLECTIVE AGREEMENT 2012

Educational services

COMMISSIONER SIMPSON BRISBANE, 6 JUNE 2012

Application for approval of the Red Hill Kindergarten Association Inc Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Red Hill Kindergarten 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 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.

[3] In accordance with s.185(3) of the Act, an application for approval of an enterprise agreement must be made within 14 days after the Agreement is made. The Agreement was made on 18 April 2012, and date of lodgement was 28 May 2012. The application was therefore 26 days out of time. Correspondence was received by the IEUA on the 28 May 2012 outlining sufficient reasons as to why the Tribunal should extend the time for lodgement of the agreement for approval pursuant to s.185(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application pursuant to s.185(3)(b) of the Act should be granted.

[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 this organisation.

[2012] FWAA 4856

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[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2012. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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