SCOTS PGC College T/A SCOTS PGC College
[2022] FWCA 4460
•16 DECEMBER 2022
| [2022] FWCA 4460 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SCOTS PGC College T/A SCOTS PGC College
(AG2022/4973)
SCOTS PGC College Enterprise Agreement 2023
| Educational services | |
| COMMISSIONER LEE | MELBOURNE, 16 DECEMBER 2022 |
Application for approval of the SCOTS PGC College Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the SCOTS PGC College Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SCOTS PGC College T/A SCOTS PGC College. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the agreement.
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.
The Independent Education Union of Australia (IEUA) and the Queensland Nurses and Midwives’ Union (QNMU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
Clause 4.10.5 - Redundancy
However, noting the clause 1.11 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2022. The nominal expiry date of the Agreement is 31 December 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
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