Kardinia International College (Geelong) Ltd Trading As Kardinia International College
[2025] FWCA 1030
•25 MARCH 2025
| [2025] FWCA 1030 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kardinia International College (Geelong) Ltd Trading As Kardinia International College
(AG2025/543)
KARDINIA INTERNATIONAL COLLEGE ENTERPRISE AGREEMENT 2025
| Educational services | |
| COMMISSIONER YILMAZ | MELBOURNE, 25 MARCH 2025 |
Application for approval of the Kardinia International College Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Kardinia International College Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kardinia International College (Geelong) Ltd Trading As Kardinia International College. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.
I note the Employer did not provide employees a full copy of the Victorian Early Childhood Teachers Educators Agreement 2020 (VECTEA) which operates in conjunction with schedule A – Early childhood teachers and educators rate of pay and specific conditions of employment. However, I note Schedule A provides for the main conditions and the VECTEA is publicly available. I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.
The Independent Education Union of Australia 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.
The Agreement is approved and in accordance with s.54, will operate from 1 April 2025. The nominal expiry date of the Agreement is 31 December 2027.
COMMISSIONER
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Annexure A
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