Penrhos College

[2019] FWCA 1849

[2019] FWCA 1849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penrhos College
(AG2018/3550)

PENRHOS COLLEGE OPERATIONAL SERVICES STAFF ENTERPRISE AGREEMENT 2018 - 2019

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2019

Application for approval of the Penrhos College Operational Services Staff Enterprise Agreement 2018 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the Penrhos College Operational Services Staff Enterprise Agreement 2018 to 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penrhos College. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged contained an error at Clause 29.1 and Appendix 4. On 20 February 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] I note that Clauses 16, 20 and 51.5 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502416  PR706057>

Annexure A