St John’s Grammar School Inc T/A St John’s Grammar School

[2019] FWCA 8022

[2019] FWCA 8022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John’s Grammar School Inc T/A St John’s Grammar School
(AG2019/3610)

ST JOHN’S GRAMMAR SCHOOL INC ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT BULL	SYDNEY, 26 NOVEMBER 2019

Application for approval of the St John’s Grammar School Inc Agreement 2019.

[1] An application has been filed by St John’s Grammar School Inc. T/A St John’s Grammar School (the applicant) for the approval of an enterprise agreement known as the St John’s Grammar School Inc Enterprise Agreement 2019 (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 as per s.172(2) of the Act.

[2] The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given noticed 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.

[3] Following issues being raised with the employer by the IEU, the employer provided undertakings to the Fair Work Commission regarding the withholding of salary and allowances under the Agreement.

[4] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement. The IEU and the employee bargaining representative for the Agreement expressed satisfaction with the undertakings.

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

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

DEPUTY PRESIDENT

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