Application for approval of the the Launceston Preparatory School (Teachers) Enterprise Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as the Launceston Preparatory School (Teachers) 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 the Launceston Preparatory School Inc. The Agreement is a single enterprise agreement.

[2] As the Agreement does not contain a workplace delegates rights term, Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by clause 28A of the Educational Services (Teachers) Award 2020 is taken to be a term of the Agreement.

Interaction with the National Employment Standards

[3] Clause 9 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency (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 46 - Immediate family definition:

   1. The definition of "immediate family", for the purposes of bereavement and compassionate leave in clause 46 of the Agreement is inconsistent with s 12 of the Act. However, as a result of the NES precedence clause, de facto partners, grandparents and grandchildren, as well as grandparent, grandchild or sibling of a spouse and a child, parent, grandparent, grandchild or sibling of a de facto partner of the person are included within the definition (as they are encompassed within s 12 of the Act).

2. Clause 54.3 - Substitution of Public Holiday

   1. Clause 54.3 of the Agreement provides an Employer may substitute a public holiday or part holiday falling during term weeks for another day or part day to be taken during term weeks in the School Year. This may be inconsistent with s 115 of the Act which allows for substitution of a public holiday by agreement between the employer and an individual employee.

3. Clause 18.2 - Withholding NES entitlements on termination

   1. Clause 18.2 of the Agreement provides for the withholding of monies in circumstances where an employee has given insufficient notice of resignation. This clause appears to permit the employer to deduct monies from employee's entitlements under the NES (such as notice of termination, accrued but unused annual leave or long service leave on termination). Accordingly, this clause may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act however, when read in conjunction with the NES precedence clause will have no effect to the extent of any inconsistency with the Act.

[4] On the basis of the material filed in support of the application, 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 Agreement is approved. Clause 4 of the Agreement provides that it commences 1 January 2026. In accordance with s 54 (1)(b) of the Act, the Agreement shall commence operation from this date.

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