Christ College Trust T/A Launceston Church Grammar School
[2022] FWCA 660
•24 FEBRUARY 2022
| [2022] FWCA 660 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Christ College Trust T/A Launceston Church Grammar School
(AG2022/23)
Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2022 - 31 December 2022
| Educational services | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 24 FEBRUARY 2022 |
Application for approval of the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2022 - 31 December 2022
Christ College Trust T/A Launceston Church Grammar School (the Employer) has made an application for approval of an enterprise agreement known as the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2022 - 31 December 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The copy of the NERR provided to employees refers to the Agreement as the Launceston Church Grammar School (Teachers) Enterprise Agreement, however, clause 1 of the Agreement provides that the name of the Agreement is the Launceston Church Grammar School (Teachers) Enterprise Agreement 1 January 2022 – 31 December 2022. The Employer provided submissions as to this error on 17 February 2022. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.
Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).
On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.
The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 24 February 2022 and, in accordance with s 54, will operate from 3 March 2022. The nominal expiry date of the Agreement is 31 December 2022.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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