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
(AG2018/6759)

FSAC LIMITED ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 APRIL 2019

Application for approval of the FSAC Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the FSAC Limited Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 31 January 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the FSAC Limited Enterprise Agreement 2019, involving FSAC Ltd trading as St John’s Anglican College, St John’s International College, and The Springfield Anglican College. The applicant sought the approval of the agreement, which was entered into with various employee groups, including teachers and support staff. The agreement aimed to set out the terms and conditions of employment for the specified employees and was necessary for the ongoing operation of the educational institutions.

The primary legal issues that the court had to address were whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it met the procedural fairness criteria for enterprise agreements. This involved assessing the agreement against the legislative provisions regarding the scope, content, and negotiation process of enterprise agreements, as well as ensuring that the agreement was free from any unfair content and had been fairly negotiated.

The court conducted a thorough review of the agreement, examining each clause to ensure it complied with the relevant statutory provisions. It considered the negotiation process, the fairness of the terms, and whether the agreement met the criteria for approval. The court found that the agreement adhered to the legislative requirements and had been negotiated in good faith. The agreement was approved, as it was deemed to be fair and reasonable, providing a satisfactory balance of rights and obligations for both the employer and the employees. The court's decision was based on the comprehensive compliance of the agreement with the legal standards and the absence of any unfair provisions. The final orders of the court approved the FSAC Limited Enterprise Agreement 2019, allowing it to take effect as per the terms specified within the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established