Seventh-day Adventist Schools (North New South Wales) Limited
[2022] FWCA 674
•25 FEBRUARY 2022
| [2022] FWCA 674 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Seventh-day Adventist Schools (North New South Wales) Limited
(AG2021/9211)
SEVENTH-DAY ADVENTIST SCHOOLS (NORTH NEW SOUTH WALES) LTD TEACHERS ENTERPRISE AGREEMENT 2022-2024
| Educational services | |
| Commissioner Matheson | SYDNEY, 25 FEBRUARY 2022 |
Application for approval of the Seventh-day Adventist Schools (North New South Wales) Ltd Teachers Enterprise Agreement 2022-2024.
An application has been made for approval of an enterprise agreement known as the Seventh-day Adventist Schools (North New South Wales) Ltd Teachers Enterprise Agreement 2022 -2024 (Agreement). The application was made by Seventh-day Adventist Schools (North New South Wales) Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2022. The nominal expiry date of the Agreement is 31 December 2024.
COMMISSIONER
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Annexure A
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