DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caloundra City School Limited T/A Caloundra City Private School
(AG2017/5842)

CALOUNDRA CITY PRIVATE SCHOOL ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	CANBERRA, 19 DECEMBER 2017

Application for approval of the Caloundra City Private School Enterprise Agreement 2017.

[1] On 29 November 2017, Caloundra City School Limited T/A Caloundra City Private School (Applicant) made an application for approval of the Caloundra City Private School Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 December 2017. The nominal expiry date of the Agreement is
31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Caloundra City School Limited T/A Caloundra City Private School applied for approval of the 2017 Enterprise Agreement. The applicant, the employer, sought approval from the Fair Work Commission (FWC) under the Fair Work Act, seeking to have the agreement certified as a low-standards agreement. The dispute centred on whether the agreement met the necessary requirements for certification and if it appropriately reflected the low-standards criteria. The FWC was required to assess the agreement against the legislative provisions of the Fair Work Act, specifically sections related to the certification of low-standards agreements. This included determining whether the agreement was fair and reasonable, whether it provided a safety net for employees, and if it was in line with the national minimum terms and conditions.

The FWC undertook a detailed examination of the terms and conditions set out in the agreement, considering both the legal standards and the practical implications for the employees. The court paid particular attention to whether the agreement provided for minimum rates of pay and conditions that were not less favourable than the national safety net. Additionally, the FWC evaluated whether the agreement was genuinely negotiated between the employer and the employees, as required by the Fair Work Act. The FWC found that the agreement met the statutory requirements for certification as a low-standards agreement, as it provided for fair and reasonable terms and conditions, and did not undermine the national safety net. The court concluded that the agreement was fair, reasonable, and had been genuinely negotiated, thus meeting the criteria for approval.

Consequently, the FWC approved the application for the certification of the Caloundra City Private School Enterprise Agreement 2017 as a low-standards agreement. This decision allowed the agreement to come into effect, providing a legal framework for the employment conditions of the school's staff. The approval signified that the terms of the agreement were deemed to be fair and reasonable, aligning with the requirements of the Fair Work Act. This decision is significant as it confirms the procedural and substantive correctness of the agreement under the relevant legislative framework.

Caloundra City School Limited T/A Caloundra City Private School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established