[2011] FWAA 8076
DECISION Fair Work Act 2009 s.185—Enterprise agreement
Independent Education Union of Australia (AG2011/3156)
ANNANDALE CHRISTIAN COLLEGE ENTERPRISE BARGAINING AGREEMENT 2011 Educational services VICE PRESIDENT LAWLER
MELBOURNE, 25 NOVEMBER 2011
Application for approval of the Annandale Christian College Enterprise Bargaining Agreement 2011. [1] An application has been made for approval of an enterprise agreement known as the Annandale Christian College Enterprise Bargaining Agreement 2011 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Independent Education Union of Australia. The Agreement is a single-enterprise agreement. [2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. [3] As noted, pursuant to s.190(3), I have accepted an undertaking from Townsville Christina Education Association Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision. [4] 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) of the Act I note that the Agreement covers this organisation. [5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2011. The nominal expiry date of the Agreement is 1 December 2015.
VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code J, AE889580 PR517078>
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[2011] FWAA 8076
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Note - this agreement is to be read together with an undertaking given by the employer. The undertaking is taken to be a term of the agreement. A copy of it can be found at the end of this agreement.
UNDERTAKINGS (s.190 Fair Work Act 2009) WHEREAS: A.
Townsville Christian Education Association Ltd (Employer) has applied to Fair Work Australia pursuant to s.185 of the Fair Work Act 2009 (Act) for approval of an enterprise agreement to be known as the Annandale Christian College Enterprise Agreement 2011 (Agreement).
B.
FWA has a concern that not all of the requirements in s.186 and s.187 of the Act have been met in relation to the Agreement but has indicated that it will accept the following undertakings pursuant to s.190 of the Act as meeting its concern so that the Agreement may be approved.
PURSUANT to s.190 of the Act, the Employer hereby undertakes to Fair Work Australia that: Agreement under clause 5.12.2 to be made as an individual flexibility arrangement 1.
Any agreement between an employer and employee for partial exemption from Part 6 of the School Officerâ&#x20AC;&#x2122;s Award, as provided for under clause 5.12.2, will be in accordance with the individual flexibility arrangement requirements contained in clause 2.7.
Minimum notice to be in accordance with NES 2.
Notwithstanding clause 6.8.2, the minimum notice requirement for the termination of employment will be in accordance with the National Employment Standards (NES).
3.
It will ensure a copy of these undertakings is made available to all employees covered by the Agreement and ensure that a copy of this instrument is attached to any copy of the Agreement provided to employees or made available in the workplace.
Date: 24th November, 2011
Signed: Name: William H Tuckwell Work Address: PO Box 1366, Aitkenvale, QLD. 4814. Position/Capacity: Business Manager & Company Secretary (A person duly authorised to give this undertaking on behalf of the Employer)