Penleigh and Essendon Grammar School Limited T/A Penleigh and Essendon Grammar School

[2018] FWCA 5626

[2018] FWCA 5626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penleigh and Essendon Grammar School Limited T/A Penleigh and Essendon Grammar School
(AG2018/2358)

PENLEIGH AND ESSENDON GRAMMAR SCHOOL (TEACHER, KINDERGARTEN TEACHER, KINDERGARTEN ASSISTANT AND SCHOOL ASSISTANT STAFF) AGREEMENT 2018

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 SEPTEMBER 2018

Application for approval of the Penleigh and Essendon Grammar School (Teacher, Kindergarten Teacher, Kindergarten Assistant and School Assistant Staff) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Penleigh and Essendon Grammar School (Teacher, Kindergarten Teacher, Kindergarten Assistant and School Assistant Staff) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penleigh and Essendon Grammar School Limited T/A Penleigh and Essendon Grammar 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement contained a referencing error at clause 4. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] 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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation
[6] The Agreement was approved on 7 September 2018 and, in accordance with s.54, will operate from 14 September 2018. The nominal expiry date of the Agreement is 7 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE500067  PR700161>

Annexure A