Pembroke School Incorporated T/A Pembroke School

[2019] FWCA 2293

[2019] FWCA 2293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pembroke School Incorporated T/A Pembroke School
(AG2018/7155)

PEMBROKE SCHOOL ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 5 APRIL 2019

Application for approval of the Pembroke School Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pembroke School Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pembroke School Incorporated T/A Pembroke School. 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I note that clauses 19, 21, 35 & 37 are inconsistent with the National Employment Standards. 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.

[5] 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.

[6] The Agreement was approved on 5 April 2019 and, in accordance with s.54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE502739  PR706605>

Annexure A