austlii:cth/FWCA/2025/1291
General information, not legal advice.
FWCA
2025-04-17
Commissioner P
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
The Association of Independent Schools NSW Trading AS AISNSW
SYDNEY CHURCH OF ENGLAND GRAMMAR SCHOOL TEACHERS AGREEMENT 2025 - 2027
Application for approval of the Sydney Church of England Grammar School Teachers Agreement 2025 - 2027
[1] The Association of Independent Schools of New South Wales Limited has made an application for approval of an enterprise agreement known as the Sydney Church of England Grammar School Teachers Agreement 2025 - 2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act).
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
[3] The Agreement does not contain a consultation term that meets the requirements of the FW Act.
[4] The Employees were asked to vote to approve the agreement after 26 February 2025. Accordingly, pursuant to s.205(2) and Clause 107 of Schedule 1 of the FW Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[5] The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
[6] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the IEU.
[7] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 24 April 2025. The nominal expiry date of the Agreement is 31 December 2027.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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