Westbourne Grammar School

Case •

[2022] FWCA 1546

•

9 MAY 2022
[2022] FWCA 1546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Westbourne Grammar School

(AG2022/1088)

Westbourne Grammar School Enterprise Agreement 2022 - 2024

Educational services

COMMISSIONER YILMAZ

MELBOURNE, 9 MAY 2022

Application for approval of the Westbourne Grammar School Enterprise Agreement 2022 - 2024

  1. An application has been made for approval of an enterprise agreement known as the Westbourne Grammar School Enterprise Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westbourne Grammar School. The Agreement is a single enterprise agreement.

  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 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. I observe that clauses 18.1, 18.2, 28.3 and 28.6 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking at Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  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 is approved and in accordance with s.54, will operate from 16 May 2022. The nominal expiry date of the Agreement is 8 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515910  PR741393>

Annexure A

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