McYess & Pinnacle College T/A McYess and Burc College

[2024] FWCA 1503

[2024] FWCA 1503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

McYess & Pinnacle College T/A McYess and Burc College

(AG2024/1119)

PINNACLE COLLEGE ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER PLATT	ADELAIDE, 23 APRIL 2024

Application for approval of the Pinnacle College Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Pinnacle College Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by McYess & Pinnacle College T/A McYess and Burc College (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 15 April 2024.

1. In respect of the Notice of Employee Representational Rights (NERR) deficiency it appears a pre-reform version of the NERR was provided to employees.  I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

1. 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) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 October 2026.

COMMISSIONER

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