McYess & Pinnacle College T/A Pinnacle College

[2019] FWCA 645

[2019] FWCA 645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McYess & Pinnacle College T/A Pinnacle College
(AG2018/4937)

PINNACLE COLLEGE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER PLATT	ADELAIDE, 4 FEBRUARY 2019

Application for approval of the Pinnacle College Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pinnacle College Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by McYess & Pinnacle College T/A Pinnacle College. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 January 2019.

[3] On 10 January 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 1 February 2019. The undertaking deals with the following topics:

•  The maximum weekly work hours for a full-time employee contained at clause 36.2 of the Agreement will be consistent with the National Employment Standards (NES).

•  An additional 25% loading will be paid to casual employees in addition to their rates of pay specified at clause 24.1(d), 24.5(f), 24.6(d) and 30.4 of the Agreement.

•  Employees will be guaranteed an additional 5 days of unpaid leave in the event that an employee is experiencing family and/or domestic violence. This may be subject to the provision of evidence in accordance with clause 38.4 of the Agreement.

•  In the event that an employee with less than 1 years’ service total salary (including the notice period) is less than they would have received under the Award with seven weeks’ notice, the termination payment will be increased to match that sum.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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 this organisation.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 October 2020.

COMMISSIONER

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