Walford Anglican School for Girls Inc.

[2019] FWCA 4552

[2019] FWCA 4552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walford Anglican School for Girls Inc.
(AG2019/1293)

WALFORD ANGLICAN SCHOOL FOR GIRLS ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 1 JULY 2019

Application for approval of the Walford Anglican School for Girls Enterprise Agreement 2019.

[1] Walford Anglican School for Girls Inc. has applied for approval of a single enterprise agreement known as the Walford Anglican School for Girls Enterprise Agreement 2019 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] Since the application was made in April 2019, various concerns have been raised by and with the Commission in relation to whether: the pre-approval requirements were met; the Agreement contravenes s.55 of the Act, passes the “better off overall” test and contains mandatory and lawful terms. Further information was provided by the Applicant and the Independent Education Union of Australia (IEUA) as employee bargaining representative, in relation to the concerns.

[3] Noting clause 1.7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A). The IEUA subsequently confirmed its view that the concerns were resolved and withdrew its objections. 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.

[5] On the basis of the material contained in the application, further information provided and 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.

[6] The IEUA 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.

[7] The Agreement was approved on 1 July 2019 and, in accordance with s.54, will operate from 8 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

[8] Finally it is noted that, for the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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