Ipswich Girls’ Grammar School T/A Ipswich Girls’ Grammar School including Ipswich Junior Grammar School

[2021] FWCA 2742

[2021] FWCA 2742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ipswich Girls’ Grammar School T/A Ipswich Girls’ Grammar School including Ipswich Junior Grammar School
(AG2021/4652)

IPSWICH GIRLS’ GRAMMAR SCHOOL INCLUDING IPSWICH JUNIOR GRAMMAR SCHOOL COLLECTIVE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 MAY 2021

Application for approval of the Ipswich Girls’ Grammar School including Ipswich Junior Grammar School Collective Agreement 2021.

[1] Ipswich Girls’ Grammar School T/A Ipswich Girls’ Grammar School including Ipswich Junior Grammar School (the Employer) has made an application for approval of an enterprise agreement known as the Ipswich Girls’ Grammar School including Ipswich Junior Grammar School Collective Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[4] I observe that clauses 4.5.3, 4.12 and 8.2.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7.2 of the Agreement and the undertaking referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Independent Education Union of Australia and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 17 May 2021 and, in accordance with s 54, will operate from 24 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A