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
(AG2017/5787)

FSAC LIMITED ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 MARCH 2018

Application for approval of the FSAC Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the FSAC Limited 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 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] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 March 2018 and, in accordance with s.54, will operate from 28 March 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, FSAC Limited, trading as St John's Anglican College, St John's International College, and The Springfield Anglican College, sought approval of the FSAC Limited Enterprise Agreement 2018. The applicant argued that the agreement was necessary for the smooth operation of the schools and to ensure fair working conditions for its employees. The application was before the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the requirements of the Fair Work Act, particularly sections 226 and 232. Section 226 sets out the process for approval of an enterprise agreement, while section 232 deals with the content requirements. The Commission had to assess if the agreement covered all the necessary topics, met the 'better off overall test', and adhered to the 'good faith' bargaining principle.

The Fair Work Commission found that the agreement did meet the necessary criteria for approval. It was comprehensive in its coverage of the required topics, satisfied the better off overall test, and demonstrated good faith bargaining between the parties. The Commission noted that while there were some areas of concern, they were not sufficient to warrant rejection of the agreement. The Commission was satisfied that the agreement would promote harmony, productivity, and economic prosperity within the enterprise.

The Fair Work Commission approved the FSAC Limited Enterprise Agreement 2018, subject to certain conditions and modifications to address minor concerns. The agreement was deemed to be in the best interests of the employees and the operation of the schools. The Commission ordered that the agreement be registered and enforceable from the date of the decision.

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

DECISION

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