Living Waters Lutheran College Incorporated

[2021] FWCA 5484

[2021] FWCA 5484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Living Waters Lutheran College Incorporated
(AG2021/6750)

LIVING WATERS LUTHERAN COLLEGE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER LEE	MELBOURNE, 2 SEPTEMBER 2021

Application for approval of the Living Waters Lutheran College Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Living Waters Lutheran College Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Living Waters Lutheran College Incorporated. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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.

[3] 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.

[4] 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.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 48.7 – Employees Exempted.

•  Clause 81.2 – Personal/Carer’s Leave.

•  Clause 86.5 – Annual Leave.

•  Clause 93.7 – Public Holidays.

However, noting clause 10.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A