1 [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.