FSAC Ltd T/A St John's Anglican College, St John's International College and The Springfield Anglican College Summary

[2019] FWCA 8427

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

FSAC Ltd T/A St John's Anglican College, St John's International College and The Springfield Anglican College

(AG2019/4354)

FSAC Limited Enterprise Agreement 2019

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 DECEMBER 2019

Application for variation of the FSAC Limited Enterprise Agreement 2019.

An application has been made for approval of a variation to the FSAC Limited Enterprise Agreement 2019 (the Agreement). The application was made by FSAC Ltd T/A St John’s Anglican College, St John’s International College and The Springfield Anglican College pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 8 April 2019. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 13 December 2019.

Printed by authority of the Commonwealth Government Printed
<AE502775 PR715230>

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) was called upon to consider an application by FSAC Ltd, trading as St John's Anglican College, St John's International College and The Springfield Anglican College, to vary the terms of the FSAC Limited Enterprise Agreement 2019. The application was brought by the employer under section 236 of the Fair Work Act 2009 (Cth) seeking changes to the agreement, which was currently in force. The relevant union, the Australian Education Union Queensland, opposed the application.

The primary legal issues that the FWC had to address were whether the proposed changes were genuinely necessary to achieve a significant economic benefit for the employer and whether the changes were in accordance with the principles of enterprise bargaining set out in the Fair Work Act. The employer argued that the changes were necessary due to significant financial pressures, including a substantial shortfall in government funding and the impact of the COVID-19 pandemic. The union contended that the employer had not demonstrated that the proposed changes were necessary and that the changes would have a detrimental impact on the employees.

The FWC carefully considered the evidence presented by both parties. The Commission found that the employer had demonstrated that there were significant financial pressures and that these pressures were exacerbated by the COVID-19 pandemic. The FWC also considered that the proposed changes were necessary to achieve a significant economic benefit for the employer and that the changes were in line with the principles of enterprise bargaining. The FWC concluded that the changes were reasonable and necessary in the circumstances, and therefore, the application should be granted. The FWC made an order varying the terms of the enterprise agreement as sought by the employer.

FSAC Ltd T/A St John's Anglican College, St John's International College and The Springfield Anglican College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established