John Paul College Ltd

[2019] FWCA 8204

[2019] FWCA 8204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Paul College Ltd
(AG2019/4359)

JOHN PAUL COLLEGE ENTERPRISE BARGAINING AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 DECEMBER 2019

Application for approval of the John Paul College Enterprise Bargaining Agreement 2019.

[1] John Paul College Ltd has applied for approval of a single enterprise agreement known as the John Paul College Enterprise Bargaining Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Noting clause 1.3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and further information provided on request of 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.

[5] The Independent Education Union of Australia – Queensland and Northern Territory Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 3 December 2019 and, in accordance with s.54, will operate from 10 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

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