St Andrew’s School Inc

[2019] FWCA 2691

[2019] FWCA 2691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Andrew’s School Inc
(AG2019/810)

ST ANDREW’S SCHOOL ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER PLATT	ADELAIDE, 18 APRIL 2019

Application for approval of the St Andrew’s School Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St Andrew’s School Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Andrew’s School Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 April 2019.

[3] On 17 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 18 April 2019. The undertaking deals with the following topics:

•  Clarification of the calculations of the annualised salaries under 43.2 of the Agreement and the treatment of overtime (TOIL).

• 

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

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