Application for approval of the St Michael's Grammar School Enterprise Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as St Michael's Grammar School Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Michael's Grammar School (St Michael's). The Agreement is a single enterprise agreement.

[2] In response to several issues raised with St Michael's Grammar School in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives were sought in relation to these undertakings, and no issues were raised. 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. Renumeration - "flexi teacher"

2. Casual teacher and early childhood teacher - minimum engagement

3. Annualised salary

4. Support staff - overtime

Interaction with the National Employment Standards

[4] Clause 7.3 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 17.11 - Personal/carer's leave

2. Clause 35.3 - Redundancy

[5] 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.

[6] The Independent Education Union of Australia (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.

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

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