Investigator College Inc T/A Investigator College

[2016] FWCA 6416

[2016] FWCA 6416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Investigator College Inc T/A Investigator College
(AG2016/4617)

INVESTIGATOR COLLEGE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Investigator College Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Investigator College Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Investigator College Inc T/A Investigator College. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings to address a concern about the interaction of the provisions of clause 15 of the Agreement with Chapter 3 Part 3-4 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings address the concern and 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 referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Independent Education Union (South Australia) Incorporated 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 12 September 2016 and, in accordance with s.54, will operate from 19 September 2016. The nominal expiry date of the Agreement is 11 September 2019.

COMMISSIONER

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ANNEXURE A