Cannon Hill Anglican College Pty Ltd T/A Cannon Hill Anglican College

[2013] FWCA 1452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cannon Hill Anglican College Pty Ltd T/A Cannon Hill Anglican College
(AG2013/5303)

CANNON HILL ANGLICAN COLLEGE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 11 MARCH 2013

Application for approval of the Cannon Hill Anglican College Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cannon Hill Anglican College Enterprise Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cannon Hill Anglican College Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 18 March 2013. The nominal expiry date of the agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cannon Hill Anglican College, sought approval of the Enterprise Agreement 2013, which governs the employment conditions of its staff. The applicant is a non-government school in Queensland, and the dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The matter was heard in the Fair Work Commission, presided over by Commissioner S.J. Mifsud.

The primary legal issue was whether the agreement met the statutory requirements for a lawful and procedurally valid enterprise agreement under the Fair Work Act. This involved examining if the agreement was made in good faith, if it was procedurally sound, and if it contained the necessary minimum terms and conditions. Additionally, the court needed to determine if the agreement's terms were fair and reasonable in the context of the employer's and employees' interests.

The Fair Work Commission determined that the Enterprise Agreement 2013 complied with the statutory requirements. The agreement was found to have been made in good faith, following proper procedures, and contained all the minimum terms and conditions stipulated by the Fair Work Act. Furthermore, the terms of the agreement were deemed fair and reasonable, balancing the interests of both the employer and the employees. Consequently, the Commission approved the agreement, recognising its compliance with the legislative framework and its equitable nature.

As a result of the decision, the Enterprise Agreement 2013 was approved and is now legally binding on the parties involved. This approval ensures that the employment conditions of the staff at Cannon Hill Anglican College are governed by the terms of the agreement, which has been validated by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established