Beaconhills College Pty Ltd T/A Beaconhills College

[2023] FWCA 683

[2023] FWCA 683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Beaconhills College Pty Ltd T/A Beaconhills College

(AG2023/343)

Beaconhills College General Staff Agreement 2023-2025

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 2 MARCH 2023

Application for approval of the Beaconhills College General Staff Agreement 2023-2025.

1. Beaconhills College Pty Ltd T/A Beaconhills College (the Employer) has made an application for approval of an enterprise agreement known as the Beaconhills College General Staff Agreement 2023-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. The Notice of Employee Representational Rights provided to employees did not contain the content prescribed by the regulations. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A)(a) of the Act. 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 to within the meaning of s.188(2) of the Act.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, 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 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 2 March 2023 and, in accordance with s.54, will operate from 9 March 2023. The nominal expiry date of the Agreement is 9 March 2026.

COMMISSIONER

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Annexure A