Sydney Church of England Grammar School Council

[2016] FWCA 1137

[2016] FWCA 1137

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Church of England Grammar School t/a Shore School

(AG2015/7805)

SHORE CHILD CARE EDUCATORS AGREEMENT 2016 – 2018 FOR

SYDNEY CHURCH OF ENGLAND GRAMMAR EMPLOYER (SHORE)

Educational services

COMMISSIONER ROE MELBOURNE, 23 FEBRUARY 2016

Application for approval of the Shore Child Care Educators Agreement 2016 – 2018 for

Sydney Church of England Grammar Employer (Shore).

[1]        An application has been made for approval of an enterprise agreement known as the

Shore Child Care Educators Agreement 2016 – 2018 for Sydney Church of England

Grammar Employer (Shore) (the Agreement). The application was made pursuant to s.185 of

the Fair Work Act 2009 (the Act). It has been made by Sydney Church of England Grammar

School t/a Shore School. The Agreement is a single enterprise agreement.

[2]        The Applicant has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in

substantial changes to the Agreement.

[3]        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. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4]        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) I note that the Agreement covers the organisation.
[2016] FWCA 1137

[5]        The Agreement was approved on 23 February 2016 and, in accordance with s.54, will

operate from 1 March 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE417915 PR577273>

[2016] FWCA 1137

Annexure A

[2016] FWCA 1137