Christ College Trust t/a Launceston Church Grammar School

[2020] FWCA 4518

[2020] FWCA 4518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christ College Trust t/a Launceston Church Grammar School
(AG2020/2032)

LAUNCESTON CHURCH GRAMMAR SCHOOL (GENERAL STAFF) ENTERPRISE AGREEMENT 1 JANUARY 2020 - 31 DECEMBER 2021

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 AUGUST 2020

Application for approval of the Launceston Church Grammar School (General Staff) Enterprise Agreement 1 January 2020 - 31 December 2021.

[1] Launceston Church Grammar School has applied for approval of a single enterprise agreement known as the Launceston Church Grammar School (General Staff) Enterprise Agreement 1 January 2020 - 31 December 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Launceston Church Grammar School sought to correct errors in the original application, by filing three amended Agreement pages. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Independent Education Union of Australia (Victoria Tasmania Branch) and the Australian Nursing & Midwifery Federation (Tasmanian Branch), being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 26 August 2020 and, notwithstanding clause 5 and in accordance with s.54, will operate from 2 September 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508846 PR722166>

Annexure A