Ballarat and Queen’s Anglican Grammar School
[2022] FWCA 881
•15 MARCH 2022
| [2022] FWCA 881 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ballarat and Queen’s Anglican Grammar School
(AG2022/578)
Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2022
| Educational services | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 15 MARCH 2022 |
Application for approval of the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2022
Ballarat and Queen’s Anglican Grammar School (the Applicant) has made an application for approval of an enterprise agreement known as the Ballarat and Queen’s Anglican Grammar School (Teachers) Agreement November 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 8 March 2022.
On 8 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:
· Clause 14.2 relating to the withholding of monies upon termination may be inconsistent with the National Employment Standards (NES).
· Chambers raised better off overall concerns relating to casual teacher rates.
The Applicant has submitted an undertaking in the required form dated 10 March 2022. The undertaking deals with the following topics:
· The Applicant inserted a National Employment Standards (NES) precedence clause.
· In respect of better off overall issued relating to casual teachers, the Applicant provided pay rates that are better off than the Award.
A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
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.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 December 2025.
COMMISSIONER
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