The College of Law Limited T/A The College of Law

[2021] FWCA 1153

[2021] FWCA 1153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The College of Law Limited T/A The College of Law
(AG2020/4114)

THE COLLEGE OF LAW ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 3 MARCH 2021

Application for approval of The College of Law Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the The College of Law Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The College of Law Limited T/A The College of Law (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 February 2021.

[3] On 15 February 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 1 March 2021. The undertaking deals with the following topics:

•  In relation to clause 22.2 of the Agreement, casuals will receive overtime with the relevant loadings (double time, double time and a half or time and a half) being applied to the casual’s hourly rate of pay (inclusive of causal loading).

•  In relation to clause 22.2 of the Agreement, the Applicant has detailed the circumstances in which time off in lieu instead of overtime may be taken or requested. In particular, on termination, the Applicant will pay the employee for time off in lieu at the applicable overtime rate. An employee may also request at any time to be paid for overtime not taken as time off.

•  The minimum hourly rate for Band 6 – General Employees – Casual in Schedule 1: Annual Salaries and Casual Hourly Rates (as at 1 July 2020) will be $47.82 rather than $46.60.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The National Tertiary Education Industry Union, 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) of the Act I note that the Agreement covers this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

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