Perth College T/A Perth College Inc

[2020] FWCA 7014

[2020] FWCA 7014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perth College T/A Perth College Inc
(AG2020/3674)

PERTH COLLEGE TEACHERS ENTERPRISE BARGAINING AGREEMENT 2020 - 2022

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 DECEMBER 2020

Application for approval of the Perth College Teachers Enterprise Bargaining Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Perth College Teachers Enterprise Bargaining Agreement 2020 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perth College T/A Perth College Inc. The Agreement is a single enterprise agreement.

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

[3] I note that Clauses 42.3, 23.2, 49.7.1, 48.2.2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Notice of Representational Rights (Notice) provided with the Application contained additional content not otherwise prescribed by the Regulations, such as the name and position title of the sender. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

 1   [2019] FWCFB 6960

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