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[2012] FWAA 1808

DECISIONFair 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 theGin 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.

[2012] FWAA 1808

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[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

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[2012] FWAA 1808

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Undertaking

T]T[DERTAKINGS(s.190 Fair WorkAct 2009\

WHEREAS:

A. Gin Gin Kindergarten Association Incorporated (Employer) has applied toFair Work Australia pursuant to s.185 of the Fair Work Act 2009 (Act) forapproval of an enterprise agreement to be known as the Gin Gin KindergartenAssocidion 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 willaccept 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 WorkAustralia that:

1. Notwithstanding clause 21.1.3 of the Agreement, the Employer will observe

the personaVcarer's leave provisions contained in the National EmploymentStandards - Division 7 ofPart2-Z of the Act.

2. It will ensure that a copy of these undertakings is made available to allemployees 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: {*'[a*,/- Jgtr

signed: /A*,Name: l-aq V"+l

workAddress: )+ fuLastt Sl 9^^6^/-Position/Capacity: PfyS,dr*rt(A person duly authorised to give this undertaking on behalf of the Employer)