A.B. Paterson College Ltd T/A A.B. Paterson College

[2024] FWCA 1644

[2024] FWCA 1644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A.B. Paterson College Ltd T/A A.B. Paterson College

(AG2024/1041)

A.B. PATERSON COLLEGE LTD COLLECTIVE ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 3 MAY 2024

Application for approval of the A.B. Paterson College Ltd Collective Enterprise Agreement 2024

1. A.B. Paterson College Ltd T/A A.B. Paterson College (the Employer) has made an application for the approval of the A.B. Paterson College Ltd Collective Enterprise Agreement 2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer also lodged a Form F1 seeking to vary the Agreement to correct or amend errors under s.218A of the Act. Parties sought to amend annual leave clause 6.1.2 to include the annual leave entitlement which applies to teachers that was omitted by mistake. The bargaining representatives submitted that the omission of an annual leave entitlement clause is an obvious error, defect or irregularity. The Independent Education Union (IEU) were in support of the application to vary the Agreement. I accept this variation.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. I note that clauses 4.5(e), 4.5.2(e), 4.7.9(a) and 6.1(a) are potentially inconsistent with the National Employment Standards (NES). Noting the NES precedence clause at clause 1.5, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The IEU was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the IEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

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