The Essington School Darwin Limited

[2015] FWCA 4771

[2015] FWCA 4771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Essington School Darwin Limited
(AG2015/1343)

THE ESSINGTON SCHOOL DARWIN LIMITED ENTERPRISE BARGAINING AGREEMENT 2015

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 15 JULY 2015

Application for approval of The Essington School Darwin Limited Enterprise Bargaining Agreement 2015.

[1] On 3 June 2015, The Essington School (Applicant) made an application for approval of The Essington School Darwin Limited Enterprise Bargaining Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Independent Education Union of Australia – Queensland and Northern Territory Branch and five employee bargaining representatives have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Independent Education Union of Australia – Queensland and Northern Territory Branch, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 July 2015. The nominal expiry date of the Agreement is 15 July 2019.

COMMISSIONER

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Annexure A