Preshil - The Margaret Lyttle Memorial School

Case

[2022] FWCA 58

11 JANUARY 2022


[2022] FWCA 58

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Preshil - The Margaret Lyttle Memorial School

(AG2021/8638)

Preshil Agreement 2021 - 2023

Educational services

COMMISSIONER SIMPSON

BRISBANE, 11 JANUARY 2022

Application for approval of the Preshil Agreement 2021 - 2023

  1. An application has been made for approval of an enterprise agreement known as the Preshil Agreement 2021 - 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Preshil - The Margaret Lyttle Memorial School (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting the undertakings referred to above, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.



COMMISSIONER

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