ACT Government

[2013] FWCA 1770

[2013] FWCA 1770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

ACT Government
(AG2013/571)

ACT PUBLIC SERVICE EDUCATION AND TRAINING DIRECTORATE ENTERPRISE AGREEMENT 2011 - 2013

State and Territory government administration
VICE PRESIDENT LAWLER	CANBERRA, 21 MARCH 2013

Application for a variation of the ACT Public Service Education and Training Directorate Enterprise Agreement 2011 - 2013.

[1] An application has been made for a variation of an enterprise agreement known as the ACT Public Service Education and Training Directorate Enterprise Agreement 2011-2013 (the Agreement). The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by the Australian Capital Territory through the Chief Minister and Territory Directorate (the employer).

[2] The variation is to clarify that staff employed by the ACT Teaching Quality Institute are covered by the Agreement by providing an express reference to the role of Chief Executive Officer of the ACT Teaching Quality Institute in the Agreement. It is proposed that cl. A3.1 of the Agreement include the following new sub-clause:

“(c) the Chief Executive Officer of the ACT Teaching Quality Institute”

It is also proposed that the Dictionary be amended to include the following definition:

“Head of service means a person engaged under section 23C or 23J of the PSM Act as the head of service or the Chief Executive Officer of the ACT Teacher Quality Institute”

[3] I am satisfied that is appropriate to vary the Agreement to replace this clause pursuant to s.217 of the Act.

[4] The Agreement is varied and, in accordance with s.217(2) of the Act, will operate from 22 December 2011. A consolidated version of the Agreement, as varied, is attached to this decision.

VICE PRESIDENT

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