Michael Shorter

[2025] FWCA 162

[2025] FWCA 162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Michael Shorter

(AG2024/4983)

TASMANIAN INDEPENDENT CHRISTIAN SCHOOLS (TEACHERS) MULTI ENTERPRISE AGREEMENT 2025

Educational services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 16 JANUARY 2025

Application for approval of the Tasmanian Independent Christian Schools (Teachers) Multi Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Tasmanian Independent Christian Schools (Teachers) Multi Enterprise 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 Michael Shorter. The Agreement is a single multi-enterprise agreement.

1. 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.

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 Employer provided a pre-reform version of the NERR to employees. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for this minor procedural error. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.

1. 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.

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

·           Clause 58.3 - Substitute Days.

However, noting clause 9 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2025. The nominal expiry date of the Agreement is 31 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE527624  PR783362>

Annexure A