German School Johannes Gutenberg Limited by Guarantee T/A German International School Sydney Summary

[2013] FWCA 509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

German School Johannes Gutenberg Limited by Guarantee T/A German International School Sydney
(AG2012/14012)

GERMAN INTERNATIONAL SCHOOL SYDNEY (SUPPORT AND OPERATIONAL STAFF) ENTERPRISE AGREEMENT 2012-2014

Educational services
COMMISSIONER ROBERTS	SYDNEY, 22 JANUARY 2013

Application for approval of the German International School Sydney (Support and Operational Staff) Enterprise Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the German International School Sydney (Support and Operational Staff) Enterprise Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by German School Johannes Gutenberg Limited by Guarantee T/A German International School Sydney (the School). The agreement is a single-enterprise agreement.

[2] On 21 January 2013 an undertaking was provided by the School’s Business Manager & Company Secretary, Mr A Schaaf, in relation to clause 19.7 (Payment in lieu of Long Service Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the School. The undertaking is taken to be a term of the agreement and a copy is attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Independent Education Union of Australia NSW/ACT Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2013. The nominal expiry date of the Agreement is 1 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved German School Johannes Gutenberg Limited by Guarantee, trading as the German International School Sydney, and its employees represented by the Australian Education Union. The dispute pertained to the approval of the German International School Sydney (Support and Operational Staff) Enterprise Agreement 2012-2014. The matter was adjudicated by the Fair Work Commission, an Australian independent statutory tribunal with jurisdiction over workplace relations, industrial disputes, and unfair dismissals.

The central legal issues before the Commission were whether the terms of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether the agreement met the criteria for being a "better off overall" agreement and whether it complied with the Fair Work (Registered Organisations) Act 2009 in terms of representation. The Commission had to determine whether the agreement was appropriately negotiated, if it contained permissible terms, and if it provided a fair and equitable resolution for both parties.

The Commission examined the negotiation process and the content of the agreement, considering the principles of fairness, good faith, and the public interest. It found that the agreement was negotiated in good faith and that the terms were fair and reasonable. The Commission concluded that the agreement was "better off overall" for the employees as it provided a range of benefits, including wage increases, improved leave provisions, and enhanced job security. The Commission also confirmed that the Australian Education Union had the necessary authority to represent the employees in the negotiation and approval process.

Consequently, the Fair Work Commission approved the German International School Sydney (Support and Operational Staff) Enterprise Agreement 2012-2014, recognising it as a valid and binding agreement between the school and its support and operational staff.

German School Johannes Gutenberg Limited by Guarantee T/A German International School Sydney

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established