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austlii:cth/FWCA/2025/921
General information, not legal advice.
FWCA
2025-03-14
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 14 March 2025.
This document corrects a typographical error in the title of the Agreement.
s.185 - Application for approval of a multi-enterprise agreement
Temple Christian College Incorporated Trading AS Temple Christian College
TEMPLE CHRISTIAN COLLEGE INC ENTERPRISE AGREEMENT 2025
Application for approval of the Temple Christian College Inc Enterprise Agreement 2025
[1] Temple Christian College Incorporated has applied for approval of an enterprise agreement known as Temple Christian College Inc Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.
[2] The Agreement is a single enterprise agreement.
[3] It appears that the Employer issued the Notice of Employee Representational Rights to some employees more than 14 days after the notification time as required by s 173(3) of the Act. The Employer provided an explanation for why this occurred, being that the Employer issued earlier incorrect Notices and agreed with the Union to re-issue the Notice in the correct form.
[4] I am satisfied that the above error was a minor procedural error and I disregard it in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.
[5] I note clause 7.2 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Employer has provided written undertakings. 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.
[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[8] The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.
[9] The Agreement is approved and, in accordance with s 54 of the Act, will operate from Friday 21 March 2025.
[10] In accordance with clause 3.2 the nominal expiry date of the Agreement is 31 October 2027.
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