The Geelong College
[2022] FWCA 294
•2 FEBRUARY 2022
| [2022] FWCA 294 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Geelong College
(AG2021/9010)
The Geelong College Agreement - 2020 - 2024
| Educational services | |
| COMMISSIONER LEE | MELBOURNE, 2 FEBRUARY 2022 |
Application for approval of The Geelong College Agreement - 2020 - 2024
An application has been made for approval of an enterprise agreement known as The Geelong College Agreement - 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Geelong 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 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.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 49.5(c) – Cashing out annual leave.
However, noting the undertakings provided, 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 9 February 2022. The nominal expiry date of the Agreement is 2 February 2026.
COMMISSIONER
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Annexure A
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