Investigator College Incorporated T/A Investigator College

[2023] FWCA 1100

[2023] FWCA 1100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Investigator College Incorporated T/A Investigator College

(AG2023/882)

INVESTIGATOR COLLEGE ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER HUNT	BRISBANE, 17 APRIL 2023

Application for approval of the Investigator College Enterprise Agreement 2023

1. Investigator College Incorporated T/A Investigator College (the Employer) has applied for approval of an enterprise agreement known as the Investigator College Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, namely in relation to the signatory of the Form F16 and Form F17. The Employer has mitigated the concerns in accordance with the Fair Work Commission Rules 2013.  

1. I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 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 the IEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2023.  The nominal expiry date of the Agreement is 30 March 2026.

COMMISSIONER

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