Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement

Pulteney Grammar School Inc(AG2015/2692)

PULTENEY GRAMMAR SCHOOL INC ENTERPRISE AGREEMENT

(2015-2018)

Educational services

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

ADELAIDE, 10 JUNE 2015

Application for approval of the Pulteney Grammar School Inc Enterprise Agreement (2015-2018).

[1] An application has been made for approval of an enterprise agreement known as thePulteney Grammar School Inc Enterprise Agreement (2015-2018) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pulteney Grammar School Inc. The Agreement is a single-enterprise agreement.

[2] Attached to the application for approval of the Agreement was advice, signed by the employer and by bargaining representatives, including the Independent Education Union (SA)Inc, which advised of errors in the pay rates set out in Schedule 5 - Salary and Allowances OSHC & ELC.

[3] This advice proposed a revised Schedule 5 to be inserted into the Agreement.

[4] I am not persuaded that the revised Schedule 5 can be described as an error that could be corrected pursuant to s.602 of the FW Act or that the FWC has the capacity to unilaterally alterthe Agreement that was approved by the employees.

[5] However, I have set out below the revised provisions of Schedule 5 upon which the parties have now agreed and have undertaken to apply in lieu of the lesser rates described in Schedule 5 of the Agreement.

[2015] FWCA 3863

DECISION

SCHEDULE 5 - Salary and Allowances OSHC and ELC3.00% 3.00%, 3.00%

1-May-

2014

1-May-2015

1-May-

2016

1-May2017

Classification Salary Salary Salary Salary

Name Code

Children's Services Employee CSE 1.1 On Commencement $20.4337 S21.0467 $21.6781 $22.3285

Children's Services Employee CSE 2.1 On Commencement $20.9904 $21.6201 $22.2687 $22.9367

Children's Services Employee CSE 2.2 After 1 year·* $21 5452 822.1916 $22.8573 $23.5430

Children's Services Employee CSE 3.1 On Commencement $22 8379 $23.5231 $24.2288 $24.9556

Children's Services Employee CSE 3.2 After 1year * $23.5231 $24.2288 $24.9556 $25.7043

Children's Services Employee CSE 3.3 After 2 years * $24.2288 $24.9556 $25.7043 $26.4754

Children's Services EmployeeCSE 3.4

(Diploma) On Commencement $25.5613 $26.3282 $27.1180 $27.9315

Children's Services Employee CSE 4.1 On Commencement $26.7670 $27.5700 $28.3971 $29.2490

Children's Services Employee CSE 4.2 After 1 year * $27.1685 $27.9835 $28.8230 $29.6877

Children's Services Employee CSE 4.3 After 2 years * $27.5700 $28.4033 $29.2554 $30.1330

Children's Services Employee CSE 5.1 On Commencement $27.9898 $28.8293 $29.6942 $30.5850

Children's Services Employee CSE 5.2 After 1 year * $28.4095 $29.2618 $30.1396 $31.0438

Children's Services Employee CSE 5.3 After 2 years * $28.8072 $29.6714 $30.5616 $31.4784

Children's Services Employee CSE 5.4 ** $28.9080 $29.7753 $30.6685 $31.5886

Children's Services Employee

Director CSED 6.1 On Commencement $35.3860 $36.4475 $37.5410 $38.6672

Children's Services Employee

Director CSED 6.2 After 1 year * $35.8283 $36.9031 $38.0102 $39.1505

Children's Services EmployeeDirector CSED 6.3 After 2 years. * $36.2761 $37.3644 $38.4853 $39.6399

Children's Services EmployeeDirector CSED 6.4 On Commencement $37.6365 $38.7656 $39.9285 $41.1264

Children's Services EmployeeDirector CSED 6.5 After 1 year * $37.9752 $39.1145 $40.2879 $41.4965

Children's Services EmployeeDirector CSED 6.6 After 2 years * $38.4309 $39.5838 $40.7714 $41.9945Children's Services EmployeeDirector CSED 6.7 On Commencement $38.8921 $40.0588 $41.2606 $42.4984

Children's Services EmployeeDirector CSED 6.8 After 1 year·* $39.3393 $40.5195 $41.7351 $42.9872

Children's Services EmployeeDirector CSED 6.9 After 2 years * $39.7721 $45.748 $47.108 $48.521

Qualifications Allowance *** (5% of CSE 5.4) $1.4454 $1.4888 $1.5534 $1.5794

Junior CSE 1 or CSE 2 Under 17 years 70% of Adult Rate

Junior CSE 1or CSE 2

Junior CSE 1or CSE 2

Junior CSE 1 or CSE 2

Under 18 years

Under 19 years

Under 20 years

80% of Adult Rate

90% of Adult Rate

100% of Adult Rate

* Reference to a year or years of service in the industry

** An Assistant Director who holds an advanced Diploma (AQF 6/3 year qualified) must be paid no less than CSE 5.4

*** Paid to a Director or Assistant Director who holds an Graduate Certificate in Childcare Management

3

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Independent Education Union (SA) Inc, 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) of the Act I note that the Agreement covers this organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from18 June 2015. The nominal expiry date of the Agreement is 1 May 2018.

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<Price code J, AE414257 PR568137>