Friends' School Incorporated T/A The Friends' School Summary

[2018] FWCA 7724

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Friends' School Incorporated T/A The Friends' School

(AG2018/4914)

The Friends' School (Early Years) Enterprise Agreement 2018

Educational services
Commissioner Johns	SYDNEY, 19 DECEMBER 2018

Application for approval of The Friends' School (Early Years) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as The Friends’ School (Early Years) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Friends’ School Incorporated T/A The Friends’ School. 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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

Friends' School Incorporated T/A The Friends' School sought approval of an Enterprise Agreement for its early years employees, and the Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative framework. The application was brought before the Commission to assess the fairness and compliance of the proposed agreement.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for fairness and compliance, as stipulated by the Fair Work Act 2009. This included evaluating whether the agreement provided for appropriate terms and conditions, including minimum wages and entitlements, and whether it had been negotiated in good faith.

The Commission found that the agreement met the necessary requirements for approval. It was determined that the agreement provided for fair and reasonable terms and conditions, including minimum wages and other entitlements, and that it had been negotiated in good faith. The Commission also noted that the agreement provided for appropriate mechanisms for dispute resolution and included provisions for ongoing consultation between the employer and employees.

In light of the findings, the Commission approved the application for the Enterprise Agreement to be registered. The final orders included the registration of the agreement, effective from the date of the decision, and the enforcement of the terms and conditions set out in the agreement.

Friends' School Incorporated T/A The Friends' School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established