DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Souls St Gabriels School t/a A S S G School Incorporated
(AG2016/3411)

ALL SOULS ST GABRIELS SCHOOL ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 12 JULY 2016

Application for approval of the All Souls St Gabriels School Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the All Souls St Gabriels School Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Souls St Gabriels School t/a A S S G School Incorporated. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Nursing and Midwifery Federation, Independent Education Union of Australia and The Queensland Nurses’ Union of Employees 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2016. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, All Souls St Gabriels School trading as A S S G School Incorporated, sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement was intended to govern the employment terms of teachers and staff at the school. The application was made under the Fair Work Act 2009, which provides a framework for resolving workplace disputes and ensuring fair work practices.

The primary legal issue before the FWC was whether the enterprise agreement complied with the provisions of the Fair Work Act. This involved assessing whether the agreement met the requirements for "enterprise agreements" as defined by the Act, including the necessity of "bargaining representative" negotiations and the absence of prohibited content. Furthermore, the FWC had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and dispute resolution mechanisms.

The FWC determined that the enterprise agreement did not fully comply with the statutory requirements. It found that the agreement lacked certain mandatory terms, including minimum leave entitlements and pay rates, and contained provisions that were contrary to the Act. The FWC also noted that the agreement had not been properly negotiated by the bargaining representatives as required by the Act. Consequently, the FWC did not approve the enterprise agreement, emphasising the importance of ensuring all mandatory terms are included and that proper bargaining processes are followed.

The FWC did not make any orders as the application for approval was denied. The school was required to address the deficiencies identified by the FWC before any future application could be considered.

All Souls St Gabriels School t/a A S S G School Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established