[2015] FWCA 2779 DECISION Fair Work Act 2009 s.185 Enterprise agreement The Geelong College (AG2015/2116) THE GEELONG COLLEGE (BUSINESS OPERATIONS STAFF) AGREEMENT 2015-2017 Educational services COMMISSIONER BISSETT MELBOURNE, 22 APRIL 2015 Application for approval of The Geelong College (Business Operations Staff) Agreement 2015-2017. [1] An application has been made for approval of an enterprise agreement known as The Geelong College (Business Operations Staff) Agreement 2015-2017 (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. [2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided. [3] 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 as an annexure to this decision. [4] 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. [5] 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. [6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 31 December 2017. COMMISSIONER 1
[2015] FWCA 2779 Annexure 2
[2015] FWCA 2779 Printed by authority of the Commonwealth Government Printer <Price code J, AE413630 PR563356> 3
16 April 2015 Commissioner Bissett Fair Work Commission 11 Exhibition Street, Melbourne Victoria 3000 GPO Box 1994, Melbourne Victoria 3001 Via email: chambers.bissett.c@fwc.gov.au Dear Commissioner Bissett I refer to correspondence between Ms Mardi Deller-Pugh, Director of Human Resources and Ms Renee Mooney, your Associate, detailing the need to amend Clause 10 Dispute Settlement in The Geelong College (Business Operations Staff) Agreement 2015-2017. Please see below the amended Clause 10 which has been reviewed and agreed to by the Independent Education Union (copied into this email). The amendment occurs at 10.5 with the addition of the words for settlement with regards to the powers of Fair Work Commission. Further, amendment has been made to change reference to FWA to the corrected FWC within 10.5. 10. Dispute resolution 10.1 In relation to any matter arising out of this Agreement or the NES that may be in dispute ( the matter ) between the Employer and the Employee ( the parties ) as parties to this Agreement, the parties will undertake the following steps: 10.2 Step 1 Every attempt will be made to resolve the matter by discussions between the Employer and the Employee(s) directly involved at the College. This does not preclude the right of either party to seek advice from outside the College, nor does it necessitate such an approach where this is impracticable. 10.3 Step 2 Where the matter is not resolved by Step 1, the Employer or the Employee(s) may each seek the assistance of a representative in order that a further attempt may be made to resolve the matter.
10.4 Step 3 Where the Employer and the Employee(s) are unable to resolve the matter, they may agree to refer it to a mutually acceptable mediator for resolution. Either party may seek the assistance of a representative. Under this approach, the Employer will pay the full cost of the mediation. 10.5 Step 4 In the event that Steps 1, 2 and 3 fail to resolve the matter it may be referred by either party to FWC for settlement. In normal circumstances, the matter should not be referred by either party to the FWC prior to the completion of Steps 1 and 2, and where agreed, Step 3. Yours sincerely Roger Smith Acting Principal cc: Mark Mitchell, IEU