Pulteney Grammar School Inc
[2015] FWCA 3863
•10 JUNE 2015
| [2015] FWCA 3863 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Pulteney Grammar School Inc
(AG2015/2692)
PULTENEY GRAMMAR SCHOOL INC ENTERPRISE AGREEMENT (2015-2018)
Educational services | ||
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 10 JUNE 2015 | |
Application for approval of the Pulteney Grammar School Inc Enterprise Agreement (2015-2018).
[1] An application has been made for approval of an enterprise agreement known as the Pulteney Grammar School Inc Enterprise Agreement (2015-2018) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pulteney Grammar School Inc. The Agreement is a single-enterprise agreement.
[2] Attached to the application for approval of the Agreement was advice, signed by the employer and by bargaining representatives, including the Independent Education Union (SA) Inc, which advised of errors in the pay rates set out in Schedule 5 - Salary and Allowances OSHC & ELC.
[3] This advice proposed a revised Schedule 5 to be inserted into the Agreement.
[4] I am not persuaded that the revised Schedule 5 can be described as an error that could be corrected pursuant to s.602 of the FW Act or that the FWC has the capacity to unilaterally alter the Agreement that was approved by the employees.
[5] However, I have set out below the revised provisions of Schedule 5 upon which the parties have now agreed and have undertaken to apply in lieu of the lesser rates described in Schedule 5 of the Agreement.
SCHEDULE 5 - Salary and Allowances OSHC and ELC
3.00% | 3.00%, | 3.00% | ||
1-May- 2014 | 1-May- 2015 | 1-May- 2016 | 1-May 2017 | |
Classification | Salary | Salary | Salary | Salary |
Name | Code |
Children's Services Employee | CSE 1.1 | On Commencement | $20.4337 | S21.0467 | $21.6781 | $22.3285 |
Children's Services Employee | CSE 2.1 | On Commencement | $20.9904 | $21.6201 | $22.2687 | $22.9367 |
Children's Services Employee | CSE 2.2 | After 1 year·* | $21 5452 | 822.1916 | $22.8573 | $23.5430 |
Children's Services Employee | CSE 3.1 | On Commencement | $22 8379 | $23.5231 | $24.2288 | $24.9556 |
Children's Services Employee | CSE 3.2 | After 1 year * | $23.5231 | $24.2288 | $24.9556 | $25.7043 |
Children's Services Employee | CSE 3.3 | After 2 years * | $24.2288 | $24.9556 | $25.7043 | $26.4754 |
Children's Services Employee | CSE 3.4 (Diploma) | On Commencement | $25.5613 | $26.3282 | $27.1180 | $27.9315 |
Children's Services Employee | CSE 4.1 | On Commencement | $26.7670 | $27.5700 | $28.3971 | $29.2490 |
Children's Services Employee | CSE 4.2 | After 1 year * | $27.1685 | $27.9835 | $28.8230 | $29.6877 |
Children's Services Employee | CSE 4.3 | After 2 years * | $27.5700 | $28.4033 | $29.2554 | $30.1330 |
Children's Services Employee | CSE 5.1 | On Commencement | $27.9898 | $28.8293 | $29.6942 | $30.5850 |
Children's Services Employee | CSE 5.2 | After 1year * | $28.4095 | $29.2618 | $30.1396 | $31.0438 |
Children's Services Employee | CSE 5.3 | After 2 years * | $28.8072 | $29.6714 | $30.5616 | $31.4784 |
Children's Services Employee | CSE 5.4 ** | $28.9080 | $29.7753 | $30.6685 | $31.5886 | |
Children's Services Employee | ||||||
Director | CSED 6.1 | On Commencement | $35.3860 | $36.4475 | $37.5410 | $38.6672 |
Children's Services Employee Director | CSED 6.2 | After 1 year * | $35.8283 | $36.9031 | $38.0102 | $39.1505 |
Children's Services Employee | ||||||
Director | CSED 6.3 | After 2 years. * | $36.2761 | $37.3644 | $38.4853 | $39.6399 |
Children's Services Employee | ||||||
Director | CSED 6.4 | On Commencement | $37.6365 | $38.7656 | $39.9285 | $41.1264 |
Children's Services Employee | ||||||
Director | CSED 6.5 | After 1 year * | $37.9752 | $39.1145 | $40.2879 | $41.4965 |
Children's Services Employee | ||||||
Director | CSED 6.6 | After 2 years * | $38.4309 | $39.5838 | $40.7714 | $41.9945 |
Children's Services Employee | ||||||
Director | CSED 6.7 | On Commencement | $38.8921 | $40.0588 | $41.2606 | $42.4984 |
Children's Services Employee | ||||||
Director | CSED 6.8 | After 1 year·* | $39.3393 | $40.5195 | $41.7351 | $42.9872 |
Children's Services Employee | ||||||
Director | CSED 6.9 | After 2 years * | $39.7721 | $45.748 | $47.108 | $48.521 |
Qualifications Allowance *** (5% of CSE 5.4) $1.4454 $1.4888 $1.5534 $1.5794
Junior CSE 1 or CSE 2 | Under 17 years | 70% of Adult Rate |
Junior CSE 1 or CSE 2 Junior CSE 1 or CSE 2 Junior CSE 1 or CSE 2 | Under 18 years Under 19 years Under 20 years | 80% of Adult Rate 90% of Adult Rate 100% of Adult Rate |
* Reference to a year or years of service in the industry
** An Assistant Director who holds an advanced Diploma (AQF 6/3 year qualified) must be paid no less than CSE 5.4
*** Paid to a Director or Assistant Director who holds an Graduate Certificate in Childcare Management
[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[7] The Independent Education Union (SA) Inc, 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) of the Act I note that the Agreement covers this organisation.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2015. The nominal expiry date of the Agreement is 1 May 2018.
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