Fintona Girls’ School
[2025] FWCA 1550
•13 MAY 2025
| [2025] FWCA 1550 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fintona Girls’ School
(AG2025/990)
FINTONA GIRLS’ SCHOOL AGREEMENT 2025
| Educational services | |
| COMMISSIONER ALLISON | MELBOURNE, 13 MAY 2025 |
Application for approval of the Fintona Girls’ School Agreement 2025
Fintona Girls’ School (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Fintona Girls’ School Agreement 2025 (the Agreement).
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.
Clauses 10.3 and 10.4 of the Educational Services (Schools) General Staff Award 2020 sets out that at the time of engagement, the employer and the part time employee will agree in writing on a regular pattern of work specifying working days and hours on commencement. The Agreement does not provide a similar entitlement. The Employer has provided a written undertaking to resolve this issue.
Clause 39.1.1 of the Agreement, relating to Notice of Termination, provides a lesser notice period entitlement of 4 weeks for a teacher dismissed within the minimum employment period, compared to 7 weeks under the Educational Services (Teachers) Award (“the Teachers Award”). The Employer provided an undertaking to the effect that when a teacher is dismissed within the minimum employment period, it will conduct a reconciliation of all monies paid to the teacher against the Teachers Award and will pay the difference, to ensure that the teacher remains better off overall.
A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2025. The nominal expiry date of the Agreement is 31 December 2028.
COMMISSIONER
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Annexure A
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