Suneden Specialist School Incorporated T/A Suneden Specialist School

[2019] FWCA 6045

[2019] FWCA 6045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suneden Specialist School Incorporated T/A Suneden Specialist School
(AG2019/2965)

SUNEDEN SPECIALIST SCHOOL ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER PLATT	ADELAIDE, 29 AUGUST 2019

Application for approval of the Suneden Specialist School Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Suneden Specialist School Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Suneden Specialist School Incorporated T/A Suneden Specialist School. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 26 August 2019.

[3] On 28 August 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 29 August 2019. The undertaking deals with the following topics:

•  Clause 11 of the Agreement is amended to include the following sentence as 11.12(c):

“invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).”

•  The pay schedule for Bus Drivers in Schedule 4 – Non-teaching Staff Salaries and Allowances of the Agreement is replaced.

•  The Applicant will apply the pay increases for 2020 and 2021 outlined in the new pay schedule (as noted above) or the relevant 1 July rates of pay of the Educational Services (Schools) General Staff Award 2010 whichever are the greater.

[5] 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 that responded, supported the undertaking.

[6] 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.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] 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.

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

COMMISSIONER

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