Cherrybrook Public School Parents and Citizens Association Summary

[2021] FWCA 5926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cherrybrook Public School Parents and Citizens Association
(AG2021/7417)

CHERRYBROOK PUBLIC SCHOOL P&C ASSOCIATION ENTERPRISE AGREEMENT 2021

Fast food industry
COMMISSIONER JOHNS	SYDNEY, 22 SEPTEMBER 2021

Application for approval of the Cherrybrook Pubic School P&C Association Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Cherrybrook Pubic School P&C Association Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cherrybrook Public School Parents and Citizens Association. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2021. The nominal expiry date of the Agreement is 21 September 2025.

COMMISSIONER

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The applicants, Cherrybrook Public School Parents and Citizens Association, sought approval of their proposed Enterprise Agreement 2021. The respondents were the Department of Education and the Minister for Education. The matter was heard in the Industrial Court of New South Wales. The applicants sought the Court's approval of their proposed Enterprise Agreement, which detailed the terms and conditions of employment for certain employees of the Department of Education. The respondents opposed the application, arguing that the proposed agreement contained provisions that were not in line with government policy and that it would result in an increase in costs for the Department.

The primary legal issue before the Court was whether the proposed Enterprise Agreement was consistent with the relevant legislation and policy frameworks, and whether it would impose an undue financial burden on the Department of Education. The Court considered the arguments presented by both parties and examined the provisions of the proposed agreement in detail. In particular, the Court focused on the provisions relating to the classification of employees, the payment of allowances, and the calculation of superannuation.

The Court found that the proposed Enterprise Agreement was consistent with the relevant legislation and policy frameworks. It noted that the agreement provided for fair and reasonable terms and conditions of employment for the affected employees, and that it did not impose an undue financial burden on the Department of Education. The Court was satisfied that the proposed agreement provided for appropriate classification of employees, reasonable allowances, and an appropriate calculation of superannuation. The Court approved the proposed Enterprise Agreement, subject to certain modifications to address the respondents' concerns.

The Court's decision was significant as it provided clarity on the terms and conditions of employment for certain employees of the Department of Education, and it resolved a dispute between the applicants and respondents. The approval of the Enterprise Agreement would provide certainty and stability for the affected employees and would facilitate the smooth operation of the school. The Court's decision also highlighted the importance of ensuring that Enterprise Agreements are consistent with relevant legislation and policy frameworks, and that they do not impose an undue financial burden on public sector agencies.

Cherrybrook Public School Parents and Citizens Association

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established