Melbourne Anglican Diocesan Schools Commission Limited Trading AS Hume Anglican Grammar School

[2025] FWCA 2376

[2025] FWCA 2376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Melbourne Anglican Diocesan Schools Commission Limited Trading AS Hume Anglican Grammar School

(AG2025/2109)

HUME ANGLICAN GRAMMAR AGREEMENT 2025

Educational services
COMMISSIONER TRAN	MELBOURNE, 18 JULY 2025

Application for approval of the Hume Anglican Grammar Agreement 2025

1. Melbourne Anglican Diocesan Schools Commission Limited (ABN: 72 116 666 883) has applied for approval of an enterprise agreement known as the Hume Anglican Grammar Agreement 2025 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that Clause 54.5(d) – Withholding monies at termination is likely to be inconsistent with the National Employment Standards. Clause 54.5(d) provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act.

1. Clause 7.3 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 July 2025.

1. In accordance with clause 2.2, the nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

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