Caloundra City School Limited T/A Caloundra City Private School
[2023] FWCA 1102
•17 APRIL 2023
| [2023] FWCA 1102 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Caloundra City School Limited T/A Caloundra City Private School
(AG2023/884)
CALOUNDRA CITY PRIVATE SCHOOL ENTERPRISE AGREEMENT 2023
| Educational services | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 17 APRIL 2023 |
Application for approval of the Caloundra City Private School Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Caloundra City Private School Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caloundra City School Limited T/A Caloundra City Private School. The Agreement is a single enterprise agreement.
The Employer provided written undertakings on 13 April 2023. A copy of the undertakings is attached in Annexure A. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
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.
The Agreement was approved on 17 April 2023 and, in accordance with s.54, will operate from 24 April 2023. The nominal expiry date of the Agreement is 31 December 2024.
COMMISSIONER
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Annexure A
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