Tarremah Steiner School Foundation Inc t/a Tarremah Steiner School

[2020] FWCA 1060

[2020] FWCA 1060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tarremah Steiner School Foundation Inc t/a Tarremah Steiner School
(AG2019/4857)

TARREMAH STEINER SCHOOL (TEACHERS) ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 FEBRUARY 2020

Application for approval of the Tarremah Steiner School (Teachers) Enterprise Agreement 2019.

[1] Tarremah Steiner School has applied for approval of a single enterprise agreement known as the Tarremah Steiner School (Teachers) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act, contains the mandatory terms, passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct a typographical error in the original application by filing an amended application. The bargaining representatives did not oppose the amendment. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The Undertakings make reference to a ‘varied agreement’ which I am satisfied means the Agreement. The Independent Education Union of Australia (Victoria/Tasmania Branch) (IEU) indicated it supports the content of the Undertakings and, in any event, the bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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 IEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 26 February 2020 and, notwithstanding clause 6.1 and in accordance with s.54, will operate from 4 March 2020. The nominal expiry date of the Agreement is 22 March 2022.

DEPUTY PRESIDENT

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Annexure A