Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School

[2020] FWCA 2440

[2020] FWCA 2440

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School
(AG2020/1136)

WILLUNGA WALDORF FOR RUDOLF STEINER EDUCATION INC. ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER PLATT	ADELAIDE, 11 MAY 2020

Application for approval of the Willunga Waldorf for Rudolf Steiner Education Inc. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Willunga Waldorf for Rudolf Steiner Education Inc. Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Willunga Waldorf School for Rudolf Steiner Education Inc T/A Willunga Waldorf School (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 April 2020.

[3] On 5 May 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 May 2020. The undertaking deals with the following topics:

•  Employees engaged under clause 54 of the Agreement will be paid at a rate of no less than 102% of Schedule C of the Educational Services (Schools) General Staff Award 2010 (the Award).

•  Employees engaged under clause 55 of the Agreement will be paid at a rate of no less than 102% of Schedule D of the Award.

•  Employees engaged under clause 56 of the Agreement will be paid at a rate of no less than 102% of Schedule E of the Award.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 29 April 2022.

COMMISSIONER

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