NT Christian Schools

[2014] FWCA 392

[2014] FWCA 392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NT Christian Schools
(AG2013/12188)

NT CHRISTIAN SCHOOLS FAMILY GROUP HOME HOUSE PARENT ENTERPRISE AGREEMENT 2013

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 29 JANUARY 2014

Application for approval of the NT Christian Schools Family Group Home House Parent Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the NT Christian Schools Family Group Home House Parent Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by NT Christian Schools. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that the Agreement makes provision for a deduction from gross wages paid to house parents as a payment towards the provision by the employer of accommodation, food, use of a car, phone and internet. There can be little doubt that the value of these non-monetary benefits exceeds the amount of the deduction. The deduction provided for in the Agreement is not an impediment to approval of the Agreement. However, it would be prudent for the employer to formally seek the agreement of each such employee pursuant to s.324 of the Act to avoid any argument that s.323(1)(a) has effect to oblige the employer to pay more than the net amount provided for in the agreement, after deductions, notwithstanding the terms of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2014. The nominal expiry date of the Agreement is 4 February 2017.

VICE PRESIDENT

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