Pembroke School Incorporated T/A Pembroke School

[2024] FWCA 1447

[2024] FWCA 1447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Pembroke School Incorporated T/A Pembroke School

(AG2024/995)

PEMBROKE SCHOOL ENTERPRISE AGREEMENT 2024

Educational services industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 19 APRIL 2024

Application for approval of Pembroke School Enterprise Agreement 2024

Introduction

1. Pembroke School Incorporated T/A Pembroke School (the Employer) has made an application for approval of an enterprise agreement known as the Pembroke School Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was 5 September 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made on 20 March 2024.

Lodgement of F17B, sufficient interest and sufficiently representative

1. The employer incorrectly lodged the old Form 17A rather than the new F17B, thus, the Commission was unable to determine whether employees had a sufficient interest in the terms of the agreement and were sufficiently representative of the employees the agreement was expressed to cover.

2. The employer submitted a completed Form F17B, which included information relevant to the issue of sufficient interest and sufficiently representative. Based on the Form F17B I am satisfied that the employees requested to approve the agreement by voting for it have a sufficient interest in the terms of the agreement and are sufficiently representative.

Section 190 Undertakings

1. The employer 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

1. The Independent Education Union of Australia (IEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the IEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2024. The nominal expiry date of the Agreement is 31 January 2026.

DEPUTY PRESIDENT

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