Caloundra City School Limited T/A Caloundra City Private School Summary

[2023] FWCA 1102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Caloundra City School Limited T/A Caloundra City Private School

(AG2023/884)

CALOUNDRA CITY PRIVATE SCHOOL ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 APRIL 2023

Application for approval of the Caloundra City Private School Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Caloundra City Private School Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caloundra City School Limited T/A Caloundra City Private School. The Agreement is a single enterprise agreement.

The Employer provided written undertakings on 13 April 2023. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 17 April 2023 and, in accordance with s.54, will operate from 24 April 2023. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Caloundra City School Limited, trading as Caloundra City Private School, applied to the Fair Work Commission for approval of their 2023 Enterprise Agreement. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement which had been negotiated with its employees. The legal issues before the Commission were whether the agreement met the legal requirements under the Act and whether it complied with the "better off overall test", ensuring that employees were no worse off than they would be under the applicable awards or conditions.

The Commission examined the proposed agreement in detail, focusing on its compliance with the legislative framework. The better off overall test was assessed by comparing the terms of the agreement with those of the relevant awards and general conditions of employment. The Commission considered the overall impact on employees' remuneration and conditions, ensuring that the agreement did not disadvantage employees relative to their current entitlements. After careful consideration, the Commission found that the agreement met all statutory requirements and passed the better off overall test, providing that employees would not be worse off and in some cases, would be better off financially and in terms of other conditions.

Accordingly, the Fair Work Commission approved the Caloundra City Private School Enterprise Agreement 2023. The approval was based on the findings that the agreement was fair and balanced, meeting all legislative criteria and satisfying the better off overall test. This decision allows the school to implement the new agreement, which is expected to provide enhanced terms and conditions for its employees, reflecting the negotiated outcomes of the bargaining process.

Caloundra City School Limited T/A Caloundra City Private School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established