DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenhaven Public School Parents and Citizens Association
(AG2021/283)

GLENHAVEN PUBLIC SCHOOL P&C ASSOCIATION ENTERPRISE AGREEMENT 2021

Fast food industry
COMMISSIONER JOHNS	SYDNEY, 18 FEBRUARY 2021

Application for approval of the Glenhaven Public School P&C Association Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Glenhaven Public School P&C Association Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glenhaven Public School Parents and Citizens Association. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2021. The nominal expiry date of the Agreement is 17 February 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Glenhaven Public School Parents and Citizens Association sought approval of their Enterprise Agreement 2021 in a proceeding before the Fair Work Commission. The application was made under the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the requirements of the legislation, including those related to the protection of employee rights and interests. The Commission was required to consider the terms of the agreement, the process by which it was negotiated, and the extent to which it provided for fair and equitable treatment of the employees involved.

The legal issues that the Commission had to decide included whether the agreement contained all the mandatory terms prescribed by the Act, whether it had been negotiated in good faith, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to assess whether the agreement was likely to have a detrimental effect on the employees or the broader community. Furthermore, the Commission was tasked with ensuring that the agreement complied with the principles of procedural fairness and did not contravene any relevant industrial laws.

In its decision, the Fair Work Commission found that the proposed agreement was generally fair and reasonable, and that it met the statutory requirements. The Commission noted that the agreement had been negotiated in good faith and that it provided for appropriate terms and conditions of employment. The Commission was satisfied that the agreement did not have any detrimental effects on the employees or the broader community, and that it complied with the principles of procedural fairness. The Commission approved the Enterprise Agreement 2021, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission's final order was that the Glenhaven Public School Parents and Citizens Association Enterprise Agreement 2021 be approved, with the specified modifications, under section 232 of the Fair Work Act 2009. This decision provided certainty for the parties involved and ensured that the agreement would provide fair and equitable terms for the employees of the school.

Glenhaven Public School Parents and Citizens Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established