Independent Education Union of Australia

[2020] FWCA 3896

[2020] FWCA 3896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Independent Education Union of Australia
(AG2020/1830)

NAMBOUR CHRISTIAN COLLEGE LTD ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER BOOTH	BRISBANE, 24 JULY 2020

Application for approval of the Nambour Christian College Ltd Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia – Queensland and Northern Territory Branch (the Applicant/IEUA) for approval of the Nambour Christian College Ltd Enterprise Agreement 2020 (the Agreement). The Employer covered by the Agreement is Nambour Christian College Ltd T/A Nambour Christian College (the Employer).The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and the Employer on 20 July 2020, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided undertakings signed by the Employer, on 22 July 2020, addressing the concerns raised.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to his Decision as Attachment A.

[5] I observe that the following clauses may be inconsistent with the National Employment Standards (NES):

•  Clause 11.1.1; Clause 11.2.3; and Clause 11.4.2 – notice of termination.

[6] However, noting the NES precedence clause inserted with the undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] It is also noted that the consultation term at clause 2.2 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] Subject to the undertakings provided and the matters raised at paragraphs [5]-[7], 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.

[9] The IEUA filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 IEUA.

[10] The Agreement is approved and, in accordance with clause 1.4 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

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Attachment A