St Margaret's School T/A St Margaret's Berwick Grammar

[2025] FWCA 1414

[2025] FWCA 1414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Margaret’s School T/A St Margaret’s Berwick Grammar

(AG2025/971)

ST MARGARET’S SCHOOL, TRADING AS ST MARGARET’S BERWICK GRAMMAR AGREEMENT 2025

Educational services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 APRIL 2025

Application for approval of the St Margaret’s School, trading as St Margaret’s Berwick Grammar Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the St Margaret’s School, trading as St Margaret’s Berwick Grammar Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by St Margaret’s School T/A St Margaret’s Berwick Grammar (Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

1. I observe that clause 19.7 of the Agreement requires the production of a medical certificate or statutory declaration in certain circumstances whereas s 107(3) of the Act requires evidence that would satisfy a reasonable person. Should this give rise to an inconsistency between the Agreement and the NES, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES, noting clause 7.2 of the Agreement. 

1. The Independent Education Union of Australia, being a bargaining representative for the Agreement, supports the approval of the Agreement and 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. 

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 7 May 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

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