Dara Village Incorporated T/A Dara School

[2021] FWCA 3160

[2021] FWCA 3160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dara Village Incorporated T/A Dara School
(AG2021/5295)

DARA SCHOOL ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER PLATT	ADELAIDE, 1 JUNE 2021

Application for approval of the Dara School Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Dara School Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Dara Village Incorporated T/A Dara School (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 June 2021 and was determined on the papers.

[3] There is one National Employment Standards (NES) issue that must be addressed.

[4] Part 3 Clause 23.1(a) states notice does not apply to Teachers in the case of summary dismissal for serious neglect of duty. This seems to exceed the limits on scope as set out in s.123 of the Act. Clause 8.1 is a NES Precedence Clause, and states that if any provision of the Agreement could be interpreted as providing a less favourable outcome to an employee than the NES, the NES will prevail to the extent of the inconsistency. As a result of the NES Precedence Clause, notice will not apply to Teachers whose employment is terminated because of serious misconduct as defined in the Fair Work Regulations 2009.

[5] The Independent Education Union of Australia (IEUA), 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.

[6] 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.

[7] 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 1 June 2024.

COMMISSIONER

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