Seventh-Day Adventist Schools (Victoria) Limited T/A Adventist Schools Victoria

[2024] FWCA 4287

[2024] FWCA 4287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seventh-Day Adventist Schools (Victoria) Limited T/A Adventist Schools Victoria

(AG2024/3822)

SEVENTH-DAY ADVENTIST SCHOOLS (VICTORIA) LIMITED ENTERPRISE AGREEMENT 2024

Educational services
COMMISSIONER ALLISON	MELBOURNE, 5 DECEMBER 2024

Application for approval of the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2024

1. Seventh-day Adventist Schools (Victoria) Limited T/A Adventist Schools Victoria (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Seventh-day Adventist Schools (Victoria) Limited Enterprise Agreement 2024 (the Agreement).

1. 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) I note that the Agreement covers the organisation.

1. There were several issues with rates of pay being equal to or below the rates of pay in clause 18.4 of the Educational Services (Teachers) Award 2020, for casual teachers employed at Levels 9-11 under the Agreement. This raised concerns about whether casual teachers employed at Levels 9-11 under the Agreement could be considered better off overall. The Employer has provided undertakings to resolve these issues.

1. 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. The undertakings are taken to be a term of the agreement. 

1. Subject to the undertakings referred to above, 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. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

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Annexure A