St George College Inc T/A St George College

[2021] FWCA 6409

[2021] FWCA 6409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St George College Inc T/A St George College
(AG2021/7895)

ST GEORGE COLLEGE ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER PLATT	ADELAIDE, 25 OCTOBER 2021

Application for approval of the St George College Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the St George College Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by St George College Inc T/A St George College (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 October 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 25 October 2021. The undertaking deals with the following topics:

•  The Nominal Expiry Date of the Agreement will be 4 years from the approval of the Agreement.

•  The definition of “compassionate leave” has been expanded to include incidents of stillborn births and miscarriages.

•  Grounds for summary dismissal have been limited to incidents of serious misconduct.

•  Junior rates of pay in Appendix C of the Agreement will not apply to employees engaged as Level 3 or Level 4 Education Support Officers.

•  The minimum amount payable to a SWS employee under Appendix D will be $90.00 per week and will increase in accordance with any increases to Schedule E of the Educational Services (Schools) General Staff Award 2020 (the Award).

•  The ordinary span of hours for employees engaged in preschool or out of hours services will be on any day from Monday to Friday between 6.30am and 6.30pm.

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

[5] 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.

[6] 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.

[7] 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.

[8] 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 25 October 2025.

COMMISSIONER

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