Christ Church Grammar School

[2021] FWCA 6826

[2021] FWCA 6826

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christ Church Grammar School
(AG2021/8369)

CHRIST CHURCH GRAMMAR SCHOOL AGREEMENT 2021 - 2024

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 24 NOVEMBER 2021

Application for approval of the Christ Church Grammar School Agreement 2021 - 2024

[1] Christ Church Grammar School (the Applicant) has made an application for approval of an enterprise agreement known as the Christ Church Grammar School Agreement 2021 – 2024 the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 November 2021.

[3] On 22 November 2021, 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:

•  Chambers sought lodgement of agreement pre-approval materials, specifically the NERR provision email, voting notification details provided to employees and the provision of the Agreement to ensure that the requirements in s.180 of the Act have been met.

•  Clause 13.4 regarding the withholding of monies at termination and clauses 18.2 & 27.3.2 may be inconsistent with the National Employment Standards however the NES precedence term at clause 7 of the Agreement is deemed to resolve these NES concerns.

[4] 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.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] 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 30 April 2024.

COMMISSIONER

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