St Peter’s Collegiate Girls’ School Inc

[2021] FWCA 7167

[2021] FWCA 7167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Peter’s Collegiate Girls’ School Inc
(AG2021/8442)

ST PETER’S COLLEGIATE GIRLS’ SCHOOL ENTERPRISE AGREEMENT 2022

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 DECEMBER 2021

Application for approval of the St Peter’s Collegiate Girls’ School Enterprise Agreement 2022

[1] St Peter’s Collegiate Girls’ School Inc has made an application for approval of an enterprise agreement known as the St Peter’s Collegiate Girls’ School Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. In respect of the undertaking whereby cross-referencing errors in the Agreement are rectified, I note that it is not the Commission’s role to make editorial changes to the text of an enterprise agreement, however I consider that in the present case the errors could conceivably give rise to a concern as to whether the Agreement passed the better off overall test. The undertaking meets this concern.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on its declaration, I note that the Agreement covers the IEU.

[6] The Agreement was approved on 17 December 2021 and, in accordance with s 54, will operate from 24 December 2021. The nominal expiry date of the Agreement is 30 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A