ALL SOULS ST GABRIELS SCHOOL ENTERPRISE AGREEMENT 2025

Application for approval of the All Souls St Gabriels Enterprise Agreement 2025

[1] This decision deals with an application made for approval of an enterprise agreement known as the All Souls St Gabriels Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by A S S G School Incorporated T/A All Souls St Gabriels School (the Applicant). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed to employees appears to have the trading name of the Applicant/Employer instead of the legal name and trading name for the Agreement. However, I am satisfied that employees understood with whom the Agreement was being made and that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

[3] The Employer has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:

• Schedule 1 of the Agreement, Wage rates for a Level 2 Boarding House Supervisor from 1 January 2025 contained old rates from the previous Agreement. Further, the part time rates for all classifications from 1 January 2026 were blank and the casual rates for all classifications from 1 January 2026 did not have a 25% casual loading applied.

The Employer has provided an updated copy of the Agreement which corrected this error. Bargaining representatives did not raise any objections to these assertions. I am satisfied that these issues each constitute an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

[4] The Agreement does not contain a delegates' rights term that is in all respects, no less favourable than the modern award pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 11.14 will have no effect.

[5] The Commission raised a number of concerns regarding the Better Off Overall Test (BOOT) and invited submissions from the Applicant. I have considered these submissions but have determined that given the more beneficial terms of the Agreement and the written undertakings given, the Agreement passed the BOOT.

[6] 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.

[7] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[8] Pursuant to s.190(3) of the Act, I accept the undertakings.

[9] Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[10] The Independent Education Union of Australia - Queensland and Northern Territory Branch (IEUA-QNT) and the Australian Nursing and Midwifery Federation/Queensland Nurses and Midwives Union (QNMU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the IEUA-QNT and the QNMU.

[11] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027.

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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