Dara Village Incorporated T/A Dara School

[2025] FWCA 738

[2025] FWCA 738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dara Village Incorporated T/A Dara School

(AG2025/364)

DARA SCHOOL ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the Dara School Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Dara School Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dara Village Incorporated T/A Dara School. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval 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 note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

1. 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 4 March 2025. The nominal expiry date of the Agreement is 25 February 2028.

COMMISSIONER

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