Seventh-day Adventist Schools (Greater Sydney) Limited
[2023] FWCA 97
•11 JANUARY 2023
| [2023] FWCA 97 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Seventh-day Adventist Schools (Greater Sydney) Limited
(AG2022/5034)
NON-TEACHING STAFF SEVENTH-DAY ADVENTIST SCHOOLS (GREATER SYDNEY) LIMITED ENTERPRISE AGREEMENT 2023 – 2025
| Educational services | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 11 JANUARY 2023 |
Application for approval of the Non-Teaching Staff Seventh-day Adventist Schools (Greater Sydney) Limited Enterprise Agreement 2023 - 2025.
Seventh-day Adventist Schools (Greater Sydney) Limited (the Employer) has made an application for the approval of the Non-Teaching Staff Seventh-day Adventist Schools (Greater Sydney) Limited Enterprise Agreement 2023 – 2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 15 – Public Holidays is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 15 January 2025.
DEPUTY PRESIDENT
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Annexure A
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