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austlii:cth/FWCA/2025/1169
General information, not legal advice.
FWCA
2025-04-04
Original judgment source is linked above.
s.185 - Enterprise agreement
Portside Christian College Incorporated Trading AS Portside Christian College
PORTSIDE CHRISTIAN COLLEGE ENTERPRISE AGREEMENT 2025
Application for approval of the Portside Christian College Enterprise Agreement 2024.
[1] An application has been made for approval of an enterprise agreement known as the Portside Christian College Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Portside Christian College Incorporated T/A Portside Christian College. The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).
[3] I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):
Withholding Monies: Clause 25.2 states where an Employee does not give the appropriate notice and there is no agreement to reduce or waive the notice period, the school may withhold from salaries and allowances such payment of up to two (2) weeks wages which has been authorised by the employee and is reasonable in the circumstances. The Agreement does not specify which monies may be deducted and may result in the deduction of monies from accrued NES entitlement inconsistent with Part 2-2 Division 2 of the Act.
[4] However, noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Independent Education Union of Australia being a bargaining representative for the Agreement supports the approval of the Agreement and 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 the organisation.
[6] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 11 April 2025. The nominal expiry date of the Agreement is 30 June 2027.
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