A S S G School Incorporated T/A All Souls St Gabriels School

[2022] FWCA 1187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A S S G School Incorporated T/A All Souls St Gabriels School

(AG2022/877)

All Souls St Gabriels School Enterprise Agreement 2022

Educational services
COMMISSIONER SPENCER	BRISBANE, 5 APRIL 2022

Application for approval of the All Souls St Gabriels School Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the All Souls St Gabriels School Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A S S G School Incorporated T/A All Souls St Gabriels School (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Australian Nursing and Midwifery Federation and Queensland Nurses and Midwives’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, A S S G School Incorporated trading as All Souls St Gabriels School, applied to the Fair Work Commission for the approval of the All Souls St Gabriels School Enterprise Agreement 2022. The application was made in the context of the Fair Work Act 2009, which mandates that certain agreements be approved by the Commission before they can be enforced. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically whether they met the statutory requirements for approval and whether they were fair and reasonable in relation to the employees' rights and entitlements.

The central legal issues before the Commission were whether the proposed agreement met the statutory criteria for approval under section 230 of the Fair Work Act and whether the agreement was fair and reasonable in the context of the employees' rights and entitlements. The Commission needed to determine if the agreement complied with the procedural requirements, including whether proper consultation had occurred and whether the agreement contained the necessary minimum terms. Additionally, the Commission had to assess the substantive fairness of the agreement, considering the balance of rights and obligations, the protection of employees' interests, and the overall impact on the workforce.

The Commission found that the application met the procedural requirements for approval, as evidenced by the proper consultation process and the inclusion of all mandatory minimum terms in the agreement. In terms of substantive fairness, the Commission considered the balance of rights and obligations between the parties, the protection of employees' interests, and the overall impact on the workforce. The Commission concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the school and its employees. The agreement was approved, allowing it to be enforced as a legally binding enterprise agreement.

The final order of the Commission was the approval of the All Souls St Gabriels School Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would serve as the governing document for the employment conditions of the school's staff until the next scheduled bargaining period. This decision ensures that the agreement can be implemented, providing a clear framework for the rights and obligations of both the school and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established