Fsac Ltd T/A St John’s Anglican College, St John’s International College And The Springfield Anglican College

[2022] FWCA 3490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fsac Ltd T/A St John’s Anglican College, St John’s International College And The Springfield Anglican College

(AG2022/4053)

FSAC Limited Enterprise Agreement 2023

Educational services
COMMISSIONER SPENCER	BRISBANE, 10 OCTOBER 2022

Application for approval of the FSAC Limited Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the FSAC Limited 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 FSAC Ltd T/A St John’s Anglican College, St John’s International College and the Springfield Anglican College (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Independent Education Union of Australia – Queensland and Northern Territory Branch (IEU), 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 IEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Fsac Limited, trading as St John's Anglican College, St John's International College, and The Springfield Anglican College, collectively referred to as the applicant, and the Independent Education Union of Australia. The dispute centred on the application for approval of the FSAC Limited Enterprise Agreement 2023. The application was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for approval as set out in the legislation, including whether it provided for fair and reasonable terms and conditions for employees, and if it had been negotiated in good faith. The Commission also had to consider if the agreement appropriately balanced the interests of both the employer and the employees.

In delivering the decision, the Commission carefully examined the terms of the proposed agreement and the process through which it was negotiated. The Commission noted that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable. It was found that the agreement adequately addressed the needs of both the employer and the employees, and provided a balanced approach to workplace relations. As a result, the Commission approved the application for the FSAC Limited Enterprise Agreement 2023.

The Fair Work Commission approved the application for the FSAC Limited Enterprise Agreement 2023, confirming that it met the necessary requirements under the Fair Work Act 2009. This decision ensures that the agreement will be implemented as the basis for employment terms and conditions within the institutions involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established