Westminster School Inc T/A Westminster School, Independent Education Union of Australia

[2022] FWCA 452

[2022] FWCA 452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westminster School Inc T/A Westminster School, Independent Education Union of Australia
(AG2021/8947)

WESTMINSTER SCHOOL TEACHING STAFF AND SCHOOL ASSISTANTS ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 10 FEBRUARY 2022

Application for approval of the Westminster School Teaching Staff and School Assistants Enterprise Agreement 2021.

[1] Westminster School Inc T/A Westminster School (the Employer) has made an application for the approval of the Westminster School Teaching Staff and School Assistants Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that following clauses are potentially inconsistent with the National Employment Standards (NES):

● Clause 2.9.1.1 – Requests for Flexible Working Arrangements

● Clause 2.10 – Annual Leave

● Clause 2.11.5 – Personal/Carer’s Leave

● Clause 2.12 – Compassionate Leave

[5] Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Independent Education Union of Australia (IEUA) was a bargaining representative for the Agreement and 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 IEUA.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A