Independent Education Union of Australia

[2019] FWCA 4676

[2019] FWCA 4676

FAIR WORK COMMISSION

DECISION

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

Independent Education Union of Australia
(AG2019/1567)

RIVERSIDE CHRISTIAN COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER BOOTH	BRISBANE, 4 JULY 2019

Application for approval of the Riverside Christian College Collective Enterprise Agreement 2018.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Independent Education Union of Australia (IEUA) for approval of the Riverside Christian College Collective Enterprise Agreement 2018 (the Agreement). The Employer to be covered by the Agreement is Maryborough Christian Education Foundation Ltd T/A Riverside Christian College (the Employer). The agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and Employer on 30 May 2019, seeking submissions or undertakings in relation to concerns regarding pay rates under the Agreement.

[3] Signed undertakings were provided by the Employer on 6 June 2019, addressing the concerns raised. Additional calculations were also provided by the Applicant on 24 June 2019, further satisfying the Commission that the Agreement, supported by the signed undertakings, meets the Better Off Overall Test.

[4] The undertakings meets 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 this Decision as Attachment A.

[5] Subject to the undertakings provided, 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.

[6] 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(1), I note that the Agreement covers the IEUA.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2020.

COMMISSIONER

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Attachment A