Helena College Council Inc T/A Helena College
[2022] FWCA 4217
•1 DECEMBER 2022
| [2022] FWCA 4217 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Helena College Council Inc T/A Helena College
(AG2022/4787)
Helena College Council (Inc) Collective Agreement 2022
| Educational services | |
| COMMISSIONER PLATT | ADELAIDE, 1 DECEMBER 2022 |
Application for approval of the Helena College Council (Inc) Collective Agreement 2022
An application has been made for approval of an enterprise agreement known as the Helena College Council (Inc) Collective Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Helena College Council Inc T/A Helena College (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 24 November 2022.
On 28 November 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.
The Agreement was not lodged within 14 days after it was made. The Applicant provided a submission explaining that the Agreement was lodged late as a result of the company experiencing staff shortages due to COVID-19 absences in a period of high workload. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 17 November 2022.
The Applicant has submitted an undertaking in the required form dated 29 November 2022. The undertaking clarifies the classification matching for Teachers under the Agreement in relation to the Educational Services (Teachers) Award 2020 (the Award) and amends the salary scale for Level Four Education Assistants to ensure that the Agreement passes the better off overall test (BOOT). The amended rates can be seen in the undertaking attached to the Agreement.
A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not object to the undertaking.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
The Independent Education Union of Australia (IEU), 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.
COMMISSIONER
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