Mount Barker Waldorf School A School For Rudolf Steiner Education Incorporated T/A Mount Barker Waldorf School
[2024] FWCA 3286
•17 SEPTEMBER 2024
| [2024] FWCA 3286 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mount Barker Waldorf School A School For Rudolf Steiner Education Incorporated T/A Mount Barker Waldorf School
(AG2024/3152)
MOUNT BARKER WALDORF SCHOOL ENTERPRISE AGREEMENT 2024
| Educational services | |
| COMMISSIONER TRAN | MELBOURNE, 17 SEPTEMBER 2024 |
Application for approval of the Mount Barker Waldorf School Enterprise Agreement 2024
Mount Barker Waldorf School A School for Rudolf Steiner Education Incorporated T/A Mount Barker Waldorf School has applied for approval of an enterprise agreement known as Mount Barker Waldorf School Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).
The Agreement is a single enterprise agreement.
It appears that the Employer issued an earlier version of the Notice and therefore did not comply with s 174(1A). Aside from use of the earlier version of the Notice, there were no substantive differences. I have previously detailed the differences between the pre-6 June 2023 and post-6 June 2023 Notice in Application by AJS Electrical Contracting Pty Ltd T/A AJS Electrical Contracting [2023] FWC 3343 at [34]. I consider the use of the earlier Notice is a minor technical error.
I am satisfied with the Employer’s responses to my concerns regarding the use of the earlier Notice and I disregard the error in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.
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.
I note that Clause 9.10 is inconsistent with the National Employment Standards as the clause excludes casual employees from an entitlement to family and domestic violence leave. Given the National Employment Standards precedence clause at Clause 8.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
Subject to the undertakings and other matters 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.
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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 24 September 2024.
In accordance with Clause 3.2, the nominal expiry date of the Agreement is 31 December 2026.
COMMISSIONER
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Annexure A
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