Christ Church Grammar School

[2022] FWCA 185

[2022] FWCA 185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Christ Church Grammar School

(AG2021/8905)

Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2022

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 21 JANUARY 2022

Application for approval of the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Christ Church Grammar School Inc (Support Staff Enterprise Bargaining) Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Christ Church Grammar School. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 11(2)(g) and 11(3)(a) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking at Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and in accordance with s.54, will operate from 28 January 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514687  PR737662>

Annexure A