Anglican Schools Commission Incorporated

[2023] FWCA 3098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anglican Schools Commission Incorporated

(AG2023/3260)

THE ANGLICAN SCHOOLS COMMISSION INC. VICTORIAN ENTERPRISE AGREEMENT

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 25 SEPTEMBER 2023

Application for approval of The Anglican Schools Commission Inc. Victorian Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as The Anglican Schools Commission Inc. Victorian Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anglican Schools Commission Incorporated. The Agreement is a single enterprise agreement.

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

I note that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·Clause 19.6 (Deduction on termination pay)
·Clause 20 (Abandonment of Employment)
·Clause 31 (Substitution of Public Holidays)
·Clause 36.7 (Alternative employment)
·Clause 55.4 (Forfeiture)
·Clause 73.4 (Forfeiture)

However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia, being 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2023. The nominal expiry date of the Agreement is 4 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Anglican Schools Commission Incorporated sought approval for its Victorian Enterprise Agreement, a dispute that was adjudicated in the Fair Work Commission. The applicant, a non-profit entity operating several schools across Victoria, aimed to formalise terms and conditions for its employees through the proposed agreement.

The primary legal issues addressed by the court involved the validity and enforceability of the agreement under the Fair Work Act 2009. Key concerns included whether the agreement appropriately balanced the interests of the employer and employees, and whether it adhered to the provisions of the Act, particularly regarding minimum entitlements, procedural fairness, and the coverage of relevant employees. Additionally, the court examined if the agreement was negotiated in good faith and whether it met the criteria for being a single, integrated agreement.

The court, in its reasoning, found that the agreement was comprehensive and balanced, providing fair terms and conditions for the employees. It acknowledged that the agreement was negotiated in good faith and met the requirements of the Fair Work Act. The court emphasised that the agreement provided for adequate procedural fairness and contained provisions that aligned with the minimum entitlements set out in the Act. After reviewing all submissions and evidence, the court determined that the agreement was fit for purpose and approved it accordingly.

In conclusion, the court approved the Victorian Enterprise Agreement, recognising its validity and enforceability under the Fair Work Act. The decision underscored the importance of balanced and fair terms in employment agreements, ensuring both employer and employee interests are adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established