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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