[1] An application has been made for approval of an enterprise agreement known as the Firbank Grammar School Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Firbank Grammar School (Firbank). The Agreement is a single enterprise agreement.

[2] In response to several issues raised with Firbank in relation to its application, it has provided written undertakings, a copy of which are 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.

[3] The undertakings relate to:

1. Casual rate

2. Entitlements for teachers working in Early Learning Centre(s) who work 48 weeks or more per year.

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

[5] The Independent Education Union of Australia-Victoria Tasmania Branch (IEU) 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 IEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

[7] An application was made by Firbank that, if the agreement was approved, it be varied pursuant to s 218A of the Act to correct two obvious errors, defects or irregularities (the variation application).

[8] Section 218A of the Act is akin to the slip rule found in s 602 of the Act, which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. The evident purpose of s.218A is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

[9] I am satisfied that the amendments relate to obvious errors. I am satisfied that the amendment should be made, and that it is appropriate to do so by varying the Agreement pursuant to s 218A of the Act.

[10] The two variations are as follows:

1. Clause 22.1(b) of the Agreement is replaced with the following:

(b) This clause applies to a full-time or part-time Employee who is entitled to unpaid parental leave in accordance with the NES and clause 21 - Parental Leave.

1. Clause 22.3(b) of the Agreement is replaced with the following:

(b) This clause applies to a full-time or part-time fixed-term Employee who is entitled to unpaid parental leave in accordance with the NES and clause 21 -Parental Leave.

[11] The variation will come into effect on the same day as the agreement commences operation.

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