Circular Head Christian School Inc T/A Circular Head Christian School, Devonport Christian School Inc T/A Devonport Christian School, Launceston Christian School Inc T/A Launceston Christian School, Leighland...
[2022] FWCA 724
•1 MARCH 2022
| [2022] FWCA 724 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Circular Head Christian School Inc T/A Circular Head Christian School, Devonport Christian School Inc T/A Devonport Christian School, Launceston Christian School Inc T/A Launceston Christian School, Leighland Christian Parent Controlled School Association Inc T/A Leighland Christian School, Newstead Christian School Incorporated T/A Newstead Christian School, Southern Christian College Incorporated T/A Southern Christian College
(AG2021/8857)
Tasmanian Independent Christian School (Teachers) Multi Enterprise Agreement 2022
| Educational services | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 1 MARCH 2022 |
Application for approval of the Tasmanian Independent Christian School (Teachers) Multi Enterprise Agreement 2022.
Circular Head Christian School Inc T/A Circular Head Christian School, Devonport Christian School Inc T/A Devonport Christian School, Launceston Christian School Inc T/A Launceston Christian School, Leighland Christian Parent Controlled School Association Inc T/A Leighland Christian School, Newstead Christian School Incorporated T/A Newstead Christian School, Southern Christian College Incorporated T/A Southern Christian College (the Employers) have made an application for the approval of the Tasmanian Independent Christian School (Teachers) Multi Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.
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.
Clause 4 provides “This Agreement commences on 1 January 2022 or seven days after approval by the Fair Work Commission, whichever is the later…”. Pursuant to s.54(1)(a) of the Act, the Agreement will commence seven days following the approval of the Agreement.
I note that the Agreement does not expressly state the salaries of the employees under the Agreement. I also note that the earlier Agreement, Tasmanian Independent Christian Schools (Teachers) Multi Enterprise Agreement 2019 (AE503624) does not provide any salary rate either. I am, however, satisfied that clauses 26-35 of the Agreement adequately establish enforceable salaries.
I note that Clause 47.3 – Personal/Carer’s Leave is potentially inconsistent with the National Employment Standards (NES). Noting the submissions and the NES precedence provision (clause 9) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Independent Education Union of Australia (IEUA) was a bargaining representative for the Agreement and 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 IEUA.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2022. The nominal expiry date of the Agreement is 31 December 2024.
DEPUTY PRESIDENT
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