Bialik College Limited
[2022] FWCA 4327
•9 DECEMBER 2022
| [2022] FWCA 4327 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bialik College Limited
(AG2022/4702)
Bialik College Agreement 2021-2025
| Educational services | |
| COMMISSIONER LEE | MELBOURNE, 9 DECEMBER 2022 |
Application for approval of the Bialik College Agreement 2021-2025
An application has been made for approval of an enterprise agreement known as the Bialik College Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bialik College Limited. The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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) I note that the Agreement covers the organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 23.1 and Clause 23.2 – Withholding of monies
However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2022. The nominal expiry date of the Agreement is 31 December 2025.
COMMISSIONER
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Annexure A
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