Albury Wodonga Community College Limited

[2021] FWCA 6656

[2021] FWCA 6656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Albury Wodonga Community College Limited
(AG2021/7969)

ALBURY WODONGA COMMUNITY COLLEGE ENTERPRISE AGREEMENT 2022 – 2025

Educational services
COMMISSIONER MATHESON	SYDNEY, 11 NOVEMBER 2021

Application for approval of the Albury Wodonga Community College Enterprise Agreement 2022 – 2025.

[1] An application has been made for approval of an enterprise agreement known as the Albury Wodonga Community College Enterprise Agreement 2022 – 2025 (Agreement). The application was made by Albury Wodonga Community College Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clauses 45.1 and 7.1 of the Agreement, I am satisfied that the NES apply as a minimum standard to the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement have been sought. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[6] 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54(b) of the Act and clause 2.1 of the Agreement, will operate from 1 January 2022. The nominal expiry date of the Agreement is four years from the date of approval.

COMMISSIONER

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Annexure A