St John’s Greek Orthodox College T/A St John’s College Preston

[2022] FWCA 332

[2022] FWCA 332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St John’s Greek Orthodox College T/A St John’s College Preston

(AG2021/9246)

St John’s College (Teachers) Enterprise Agreement 2021

Educational services
COMMISSIONER WILSON	MELBOURNE, 3 FEBRUARY 2022

Application for approval of the St John’s College (Teachers) Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the St John’s College (Teachers) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St John’s Greek Orthodox College T/A St John’s College Preston (the Employer). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) was provided to employees twice, the first NERR being provided to employees within timeframe prescribed by s.173(3) of the Act and the second NERR being provided to employees over a year later. The second NERR was provided out of an abundance of caution by the Employer to ensure it complied with the requirements of the Act. I am satisfied that the provision of the second NERR represents a minor procedural or technical error and therefore, pursuant to s 188(2)(a) of the Act, the agreement has been genuinely agreed to by the employees.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2022. The nominal expiry date of the Agreement is 3 February 2025.

COMMISSIONER

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