PEER Education Employment & Training Ltd T/A PEER

[2024] FWCA 2686

[2024] FWCA 2686

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

PEER Education Employment & Training Ltd T/A PEER

(AG2024/2499)

PEER TRAINERS & ASSESSORS ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER PLATT	ADELAIDE, 24 JULY 2024

Application for approval of the PEER Trainers & Assessors Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the PEER Trainers & Assessors Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by PEER Education Employment & Training Ltd T/A PEER (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 16 July 2024.

1. On 16 July 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 17 July 2024. The undertaking deals with the following topics:

·  The Applicant has inserted the model consultation term to replace Clause 44 of the Agreement.

·  Clause 40.5 will not apply to the extent it is inconsistent with the NES. Where there is an inconsistency, the NES will prevail.

·  Despite Clause 10.1.3, the minimum engagement for a Casual Trainer Level 2/SME will be 6 hours.

1. 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 did not express any view on the undertaking.

1. 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.

1. The Communications Electrical Electronic Energy Information Postal Plumbing & Allied Services Union of Australia – SA Branch Electrical & Plumbing Division, 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2027.

COMMISSIONER

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