Ormiston College Limited T/A Ormiston College

[2024] FWCA 964

[2024] FWCA 964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ormiston College Limited T/A Ormiston College

(AG2024/561)

ORMISTON COLLEGE WORKPLACE AGREEMENT 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 18 MARCH 2024

Application for approval of the Ormiston College Workplace Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Ormiston College Workplace Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ormiston College Limited T/A Ormiston College. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of 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. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title- the title of the Agreement to be replaced rather than the one noted above.  However, I am satisfied that this is a minor technical error and that pursuant to s.188(5) it may be disregarded.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 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.

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) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 25 March 2024. The nominal expiry date of the Agreement is 17 March 2028.

COMMISSIONER

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