Kilvington Grammar School Limited

[2025] FWCA 212

[2025] FWCA 212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kilvington Grammar School Limited

(AG2024/5060)

KILVINGTON GRAMMAR SCHOOL AGREEMENT 2025

Educational services
COMMISSIONER REDFORD	MELBOURNE, 20 JANUARY 2025

Application for approval of the Kilvington Grammar School Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Kilvington Grammar School Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kilvington Grammar School Limited (Kilvington). The Agreement is a single enterprise agreement.

Typographical errors

1. In response to concerns raised by the Commission, Kilvington advised that the following typographical errors in the agreement have been identified. I will exercise my power pursuant to s 218A(2)(b) to correct these obvious errors in the manner set out below:

a.The reference in clauses 41.8.5(b)(i) of the Agreement to clause 41.8.5 of the agreement shall be amended to read clause 41.2.1 of the Agreement.

b.The reference in clause and 41.8.5(c)(i) of the Agreement to clause 41.8.5 of the agreement shall be amended to read clause 41.2.1 of the Agreement.

c.The reference in clause 41.8.5(c) of the Agreement to clause 41.8.5 of the agreement shall be amended to read clause 41.8.1 of the Agreement.

Undertakings

1. In response to several issues raised with Kilvington relation to its application, it has provided written undertakings, a copy of which are 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. 

1. The undertakings relate to:  

a.First Aid Allowance

Interaction with the National Employment Standards

1. Clause 6.2 provides that the Agreement is to be read and interpreted in conjunction with the National Employment Standards (NES) and where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency. (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause 19.7.2 of the Agreement requires that if it is not practicable for the employee to give prior notice of absence, then the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence. To the extent this requires a more onerous provision of notice than is required by the NES, I note that as a result of the NES precedence clause, the provisions of the NES will prevail – particular in relation to, for example, s 107(2)(a) of the Act, which provides that notice may be given after the leave has commenced.

Consideration

1. 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.

1. The Independent Education Union of Australia (Victoria Tasmania Branch) Union (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) I note that the Agreement covers the IEUA.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A