South Coast Baptist College Incorporated T/A South Coast Baptist College

[2019] FWCA 39

[2019] FWCA 39

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Coast Baptist College Incorporated T/A South Coast Baptist College
(AG2018/1475)

SOUTH COAST BAPTIST COLLEGE NON-TEACHING STAFF AGREEMENT 2018

Educational services
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 JANUARY 2019

Application for approval of the South Coast Baptist College Non-Teaching Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South Coast Baptist College Non-Teaching Staff Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Coast Baptist College Incorporated T/A South Coast Baptist 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 4 January 2019 and, in accordance with s.54, will operate from 11 January 2019. The nominal expiry date of the Agreement is 4 January 2023.

DEPUTY PRESIDENT

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Annexure A