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
(AG2016/5964)

FSAC LIMITED ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the FSAC Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the FSAC Limited Enterprise Agreement 2016 (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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 9 November 2016 and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, FSAC Ltd, trading as St John’s Anglican College, St John’s International College, and The Springfield Anglican College, applied for approval of the FSAC Limited Enterprise Agreement 2016. The application arose from a dispute between the applicant and the Australian Education Union (AEU) regarding the terms of the proposed agreement, which aimed to regulate the employment conditions of certain teachers. The court had to determine whether the agreement was in compliance with the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement contained all the required terms and conditions as mandated by the Fair Work Act, and if it provided for a fair and reasonable process for the resolution of disputes. The AEU contested the approval of the agreement, arguing that it did not adequately address the concerns of the teachers and failed to meet the statutory requirements for fair and reasonable terms.

The court examined the provisions of the agreement and the arguments presented by both parties. It found that the agreement did include all the necessary terms and conditions, and that it provided for a fair and reasonable process for dispute resolution. The court also considered the need for a balance between the interests of the employer and the employees, and concluded that the agreement achieved this balance. Therefore, the court approved the agreement as it complied with the requirements of the Fair Work Act.

The final orders of the court were that the FSAC Limited Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the court's approval, and both parties were directed to comply with its terms and conditions.

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

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established