The Essington School Darwin

Case

[2023] FWCA 1812

21 JUNE 2023


[2023] FWCA 1812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Essington School Darwin

(AG2023/1638)

ESSINGTON SCHOOL DARWIN LIMITED ENTERPRISE BARGAINING AGREEMENT 2022-2025

Educational services

COMMISSIONER YILMAZ

MELBOURNE, 21 JUNE 2023

Application for approval of the Essington School Darwin Limited Enterprise Bargaining Agreement 2022-2025

  1. An application has been made for approval of an enterprise agreement known as the Essington School Darwin Limited Enterprise Bargaining Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Essington School Darwin. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The Independent Education Union 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.

  1. The Agreement is approved and in accordance with s.54, will operate from 28 June 2023. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER
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