Toorak College T/A Toorak College
[2025] FWCA 85
•10 JANUARY 2025
| [2025] FWCA 85 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Toorak College T/A Toorak College
(AG2024/4996)
TOORAK COLLEGE LIMITED AGREEMENT 2025 – 2028
| Educational services | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 10 JANUARY 2025 |
Application for approval of the Toorak College Limited Enterprise Agreement 2025-2028
An application has been made for approval of an enterprise agreement known as the Toorak College Limited Enterprise Agreement 2025-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Toorak College T/A Toorak College. The Agreement is a single enterprise agreement.
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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 21 – Compassionate Leave
· Clause 33.6 – Redundancy
However, noting clause 7.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The employer provided a pre-reform version of the NERR to employees. Additionally, the NERR refers to the Toorak College Limited Agreement 2016–2019 whereas the Agreement title is the Toorak College Limited Enterprise Agreement 2025–2028. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for this minor procedural error. I am satisfied that that employees covered by the Agreement were not likely to have been disadvantaged by the error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2025. The nominal expiry date of the Agreement is 31 December 2028.
DEPUTY PRESIDENT
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