NECA Education and Careers Ltd T/A NECA Education & Careers

[2024] FWCA 3262

[2024] FWCA 3262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

NECA Education and Careers Ltd T/A NECA Education & Careers

(AG2024/3090)

NECA E&C AND IEU TEACHING ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER PERICA	MELBOURNE, 16 SEPTEMBER 2024

NECA E&C and IEU Teaching Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the NECA E&C and IEU Teaching Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all 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.

1. Section 205A(2) has the effect that if an Agreement contains a delegates’ rights term that is inferior to the delegates’ rights term in the relevant Modern Award(s), the most favourable term of the relevant Modern Award(s) is “taken to be a term of the Agreement” under s 205A(2)(b). The inferior delegates’ rights term in the Agreement is rendered a nullity and of “no effect” under s 205A(2)(a).

1. Clauses 34 and 35 of the Agreement provides for a delegates’ rights term that is less favourable than the workplace delegates’ rights term in the Awards. Pursuant to s 205A(2) of the Act, clause 28A of the Educational Services (Post-Secondary) Award 2020 is taken to be a term of the 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. I therefore note the Agreement covers the organisation under s 201(2) of the Act.

1. The Agreement is approved today 16 September 2024. It will operate from 23 September 2024 as required by s 54 of the Act. The nominal expiry date is 16 September 2026.

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