St Andrew's School Inc T/A St Andrew's School

[2023] FWCA 2911

[2023] FWCA 2911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

St Andrew's School Inc T/A St Andrew's School

(AG2023/3008)

ST ANDREW’S SCHOOL ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER PLATT	ADELAIDE, 11 SEPTEMBER 2023

Application for approval of the St Andrew's Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the St Andrew's Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Andrew's School Inc T/A St Andrew's School (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 6 September 2023.

1. On 6 September, I  provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 7 September 2023. The undertaking deals with the following topic:

·  In addition to clause 36.1(c), the terms of appointment for part-time employees will be in writing, include the hours to be worked each day including the actual start and finish times, the days of the week to worked and the number of school weeks worked per year.

1. 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 did not express any view on the undertaking.

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

1. 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 this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2025.

COMMISSIONER

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