Association for Christian Education Inc T/A Rehoboth Christian College

[2019] FWCA 7208

[2019] FWCA 7208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Association for Christian Education Inc T/A Rehoboth Christian College
(AG2019/3071)

ASSOCIATION FOR CHRISTIAN EDUCATION NON-TEACHING STAFF COLLECTIVE WORKPLACE AGREEMENT 2019-2022

Educational services
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 OCTOBER 2019

Application for approval of the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 2019-2022.

[1] Association for Christian Education Inc trading as Rehoboth Christian College has made an application for the approval of an enterprise agreement known as the Association for Christian Education Non-Teaching Staff Collective Workplace Agreement 2019-2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Employer did not notify each affected employee of their representational rights in accordance with s 173(3) of the Act. Pursuant to s 188(2) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirements set out in s 173 of the Act, after having read and considered the Applicant’s submission dated 15 April 2019. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[4] The Independent Education Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[5] The Agreement was approved on 17 October 2019 and, in accordance with s 54, will operate from 24 October 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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