Catholic Education Commission of Victoria Ltd

[2019] FWCA 1107

[2019] FWCA 1107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Education Commission of Victoria Ltd
(AG2018/6452)

VICTORIAN CATHOLIC EDUCATION MULTI-ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BISSETT	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Victorian Catholic Education Multi-Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Catholic Education Multi-Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Education Commission of Victoria Ltd. The Agreement is a multi-enterprise agreement.

[2] 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 Independent Education Union of Australia and Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] I note that Clause 20.2 is inconsistent with the National Employment Standards (NES) as it can operate to terminate an employee’s employment with a retrospective date of effect. Given the NES precedence clause at clause 7 of the agreement, I am satisfied that nothing in the agreement will operate to provide a less favourable outcome for employees in a particular respect than that provided by the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

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