austlii:cth/FWCA/2025/2376
General information, not legal advice.
FWCA
2025-07-18
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Melbourne Anglican Diocesan Schools Commission Limited Trading AS Hume Anglican Grammar School
Application for approval of the Hume Anglican Grammar Agreement 2025
[1] Melbourne Anglican Diocesan Schools Commission Limited (ABN: 72 116 666 883) has applied for approval of an enterprise agreement known as the Hume Anglican Grammar Agreement 2025 under s 185 of the Fair Work Act 2009.
[2] The Agreement is a single enterprise agreement.
[3] I observe that Clause 54.5(d) - Withholding monies at termination is likely to be inconsistent with the National Employment Standards. Clause 54.5(d) provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act.
[4] Clause 7.3 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] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[6] 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.
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 July 2025.
[8] In accordance with clause 2.2, the nominal expiry date of the Agreement is 31 January 2028.
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