[2012] FWAA 2810 [2012] FWAA 2810 Download Word Document FAIR WORK AUSTRALIA DECISION Fair Work Act 2009 s.185—Enterprise agreement The Anglican Schools Commission for the Corporation of the Synod of the Diocese of Brisbane (AG2011/14323) THE QUEENSLAND ANGLICAN SCHOOLS ENTERPRISE AGREEMENT 2012 Educational services VICE PRESIDENT LAWLER MELBOURNE, 2 APRIL 2012 Application for approval of The Queensland Anglican Schools Enterprise Agreement 2012. [1] An application has been made for approval of an enterprise agreement known as The Queensland Anglican Schools Enterprise Agreement 2012 ( Agreement ). The application was made pursuant to s.185 of the Fair Work Act 2009 ( Act ). It has been made by The Anglican Schools Commission for the Corporation of the Synod of the Diocese of Brisbane ( Employers’ Bargaining Representative ) . The Agreement is a multi-enterprise agreement. [2] 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. [3] On 8 February 2012, the Employers’ Bargaining Representative brought to my attention two minor administrative drafting errors that were contained in the Agreement. [4] Firstly, page 3 of the table of contents contains an error as Schedule 7 is listed as “Arrangements for Schools Associated with the Diocese of North Queensland”, whereas the actual Schedule 7 of the Agreement relates to “Exemplary Teachers”. [5] Secondly, clause 14.20(g) of the Agreement lists the incorrect name of the Anglican Church Grammar School superannuation fund. Specifically, clause 14.20(g) lists “The Anglican Church Grammar School MLC Masterkey Business Superannuation Plan”. The Employers’ Bargaining Representative confirmed that the correct name of the superannuation fund is “The Anglican Church Grammar School Superannuation Plan”. [6] In my view s.602 empowers me to correct these two errors on my own initiative. I consider it manifestly appropriate to do so. The Agreement is corrected as outlined above, and the Agreement attached to this decision incorporates these two corrections. [7] I note that the dispute resolution procedure provides for conciliation and arbitration but does not specify who the conciliator/arbitrator is to be. I here record the mutual intention of the parties that the conciliator/arbitrator is to be a person mutually agreed by the parties to the dispute or, in the absence of agreement, Fair Work Australia. In my view, this is the outcome that would be arrived at by an application of the ordinary construction principles and, accordingly, it is unnecessary to consider amending the dispute resolution procedure to correct error. [8] The Independent Education Union of Australia ( IEU ), Shop, Distributive and Allied Employees Association ( SDA ) , Australian Nursing Federation ( ANF ) , Queensland Nurses’ Union of Employees ( QNU ), Queensland Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia ( CEPU ) and United Voice ( UV ) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act I note that the Agreement covers these organisations. [9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2012. The nominal expiry date of the Agreement is 31 December 2012. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code AD, AE892865 PR521957>