The Burgmann Anglican School

Case

[2024] FWCA 675

21 FEBRUARY 2024


[2024] FWCA 675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Burgmann Anglican School

(AG2024/276)

THE BURGMANN ANGLICAN SCHOOL EARLY LEARNING AGREEMENT 2023

Educational services

COMMISSIONER CRAWFORD

SYDNEY, 21 FEBRUARY 2024

Application for approval of The Burgmann Anglican School Early Learning Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as The Burgmann Anglican School Early Learning Agreement 2023 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Burgmann Anglican School. The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Independent Education Union of Australia (IEUA) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEUA.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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