Bialik College Limited Trading AS Bialik College

Application for approval of the Bialik College Agreement 2026-2028

[1] Bialik College Limited (ABN: 93 612 235 864) has applied for approval of an enterprise agreement known as the Bialik College Agreement 2026-2028 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that clause 15 - Compassionate Leave is likely to be inconsistent with the National Employment Standards.

[4] Clause 5 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Employer has provided written undertakings. 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.

[6] Subject to the undertakings referred to above, 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.

[7] The agreement's delegates rights term in clause 47 is less favourable than the term in the award. Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 28A of the Educational Services (Schools) General Staff Award 2020 is taken to be a term of the Agreement.

[8] The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.

[9] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 March 2026.

[10] In accordance with clause 3.2, the nominal expiry date of the Agreement is 31 December 2028.

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