Adelaide Training & Employment Centre Inc

[2024] FWCA 4521

[2024] FWCA 4521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adelaide Training & Employment Centre Inc

(AG2024/4188)

ATEC ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER THORNTON	ADELAIDE, 17 DECEMBER 2024

Application for approval of the ATEC Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the ATEC Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Training & Employment Centre Inc (the Applicant). The Agreement is a single enterprise agreement.

1. The copy of the Agreement filed with the application for approval did not contain a signature page in the terms required by s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). A copy of the Agreement with an amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 24 December 2024. The nominal expiry date of the Agreement is 17 December 2027.

COMMISSIONER

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