Sheldon College T/A Sheldon College Limited
[2023] FWCA 2020
•3 JULY 2023
| [2023] FWCA 2020 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sheldon College T/A Sheldon College Limited
(AG2023/1890)
SHELDON COLLEGE CORPORATE STAFF ENTERPRISE AGREEMENT 2023
| Educational services | |
| COMMISSIONER MATHESON | SYDNEY, 3 JULY 2023 |
Application for approval of the Sheldon College Corporate Staff Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Sheldon College Corporate Staff Enterprise Agreement 2023 (Agreement). The application was made by Sheldon College (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The notification time for the Agreement is a date prior to 6 June 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force immediately prior to the commencement of the amendments.
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 ad 188 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 10 July 2023. The nominal expiry date of the Agreement is 31 December 2025.
COMMISSIONER
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