The Anglican Church of Australia Collegiate School of St Peter T/A St Peter’s College

[2020] FWCA 3028

[2020] FWCA 3028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Anglican Church of Australia Collegiate School of St Peter T/A St Peter’s College
(AG2020/1361)

ST PETER’S COLLEGE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 10 JUNE 2020

Application for approval of the St Peter’s College Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Peter’s College Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Anglican Church of Australia Collegiate School of St Peter T/A St Peter’s College (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 May 2020.

[3] On 2 June 2020, 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 through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 5 June 2020. The undertaking deals with the following topics:

•  In relation to clause 38.2(a), the Applicant will require a permanent teaching employee to provide 12 weeks’ notice in writing if they terminate their employment. However, the Applicant will not enforce the requirement that the termination date coincide with the last teaching day of a school term.

•  In the event that a teacher’s workload is greater than that specified in clause 48.15(a),(b) or (c) then it may be addressed by way of a reduction in other duties by negotiation with the individual employee and their immediate line manager. Such duties may include but are not limited to yard duty, non-compulsory staff meetings, non-compulsory school events etc.

•  In relation to clause 59, the overtime rates will be as follows:

•  Mon-Fri in excess of 75 ordinary hours per fortnight – an additional 50%

•  Mon-Fri time worked outside of the span of ordinary hours in clause 57.2 – an additional 50%

•  Saturday up to 12 noon – an additional 50%

•  Saturday after 12 noon – Sunday – an additional 100%

•  Public Holiday – an additional 150%

•  For the purposes of calculating overtime for a Pay Level A2 General Staff employee under Schedule 4 of the Agreement, the Applicant will apply no less than the double time rate for a Level 1.3 employee under the Educational Services (Schools) General Staff Award 2010.

•  In relation to clause 62.2, an employee working extra hours other than hours previously determined as part of the employee’s working week, will be paid at the rate of time and a half for the extra hours.

[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, 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 after the date of approval of the Agreement. The nominal expiry date is 31 December 2021.

COMMISSIONER

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