Genesis Christian College Ltd T/A Genesis Christian College

[2019] FWCA 5248

[2019] FWCA 5248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Genesis Christian College Ltd T/A Genesis Christian College
(AG2019/1670)

GENESIS CHRISTIAN COLLEGE LTD ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 JULY 2019

Application for approval of the Genesis Christian College Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Genesis Christian College Ltd Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Genesis Christian College Ltd T/A Genesis Christian College (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:

•  Clause 5.8.1 of the Agreement, which does not express the entitlement to compassionate leave as per occasion; and

•  Clause 5.9.3 of the Agreement, which provides that an employee cannot take carer’s leave if another person has taken leave to care for the same person, unless there are special circumstances.

[5] The Independent Education Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A