Sheldon College T/A Sheldon College Limited

[2023] FWCA 2990

[2023] FWCA 2990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sheldon College T/A Sheldon College Limited

(AG2023/2866)

SHELDON COLLEGE ACADEMIC STAFF ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER HUNT	BRISBANE, 15 SEPTEMBER 2023

Application for approval of the Sheldon College Academic Staff Enterprise Agreement 2023

1. Sheldon College T/A Sheldon College Limited (the Employer) has applied for approval of an enterprise agreement known as the Sheldon College Academic Staff Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations) is attached to the Agreement and is taken to be a term of it.

1. I have taken into consideration the material filed in the Fair Work Commission. I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) of the Act I note that the Agreement covers the IEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2023.  The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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