National Centre for Vocational Education Research Ltd T/A NCVER

[2021] FWCA 5512

[2021] FWCA 5512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Centre for Vocational Education Research Ltd T/A NCVER
(AG2021/6786)

NATIONAL CENTRE FOR VOCATIONAL EDUCATION RESEARCH LTD AGREEMENT 2021-2022

Clerical industry
DEPUTY PRESIDENT DEAN	CANBERRA, 3 SEPTEMBER 2021

Application for approval of the National Centre for Vocational Education Research Ltd Agreement 2021-2022.

[1] An application has been made for approval of an enterprise agreement known as the National Centre for Vocational Education Research Ltd Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Centre for Vocational Education Research Ltd T/A NCVER. The Agreement is a single enterprise agreement.

[2] 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.

[3] I note that the provisions at clause 70 (Personal leave), clause 74 (Leave without pay), clause 75 (Parental leave) and clause 82 (Redundancy) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] CPSU, the Community and Public Sector Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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