The Launceston Preparatory School Inc. T/A The Launceston Preparatory School

[2022] FWCA 3396

[2022] FWCA 3396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Launceston Preparatory School Inc. T/A The Launceston Preparatory School

(AG2022/3906)

The Launceston Preparatory School (Teachers) Enterprise Agreement 2023

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 30 SEPTEMBER 2022

Application for approval of the The Launceston Preparatory School(Teachers) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the The Launceston Preparatory School (Teachers) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Launceston Preparatory School Inc. T/A The Launceston Preparatory School. The Agreement is a single enterprise agreement.

1. The Form F17 declaration was declared by Mr Michael Shorter, an external consultant and not an officer or authorised employee of the employer. While not strictly in compliance with rule 24(1) of the Fair Work Commission Rules 2013 (the Rules), the Employer has submitted a signed letter of authority which allows Mr Shorter to make the declaration on its behalf. Per Rule 6 of the Rules, I waive compliance with the requirement for an officer or authorised employee to make the F17 declaration.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 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) I note that the Agreement covers the organisation.

1. The Agreement was approved on 30 September 2022 and, in accordance with s.54, will operate from 7 October 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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Annexure A