DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Korowa Anglican Girls’ School
(AG2015/4926)

KOROWA ANGLICAN GIRLS’ SCHOOL NON-TEACHING STAFF AGREEMENT 2015

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 1 OCTOBER 2015

Application for approval of the Korowa Anglican Girls’ School Non-Teaching Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Korowa Anglican Girls’ School Non-Teaching Staff Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Korowa Anglican Girls’ School. The Agreement is a single-enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2015. The nominal expiry date of the Agreement is 31 January 2019.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Korowa Anglican Girls’ School for approval of its Non-Teaching Staff Agreement 2015. The application was brought before the Fair Work Commission, which was asked to determine whether the agreement provided for the fair and reasonable remuneration of non-teaching staff and whether it complied with the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for fair and reasonable remuneration, as well as whether it complied with the relevant provisions of the Act.

The Commission found that the agreement provided for fair and reasonable remuneration for non-teaching staff, as it provided for wages and conditions that were in line with industry benchmarks. The Commission also found that the agreement complied with the relevant provisions of the Act, as it provided for minimum entitlements and protected against unfair dismissal. The Commission noted that the agreement provided for certain benefits, such as annual leave loading and penalty rates, which were consistent with industry standards. The Commission also found that the agreement provided for a process for resolving disputes between the school and its non-teaching staff, which was in line with the principles of the Act.

In light of the above, the Commission approved the agreement and made it a registered agreement under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable remuneration and complied with the relevant provisions of the Act. The school was therefore authorised to enter into the agreement with its non-teaching staff, and the agreement was registered with the Commission. The school was also authorised to give effect to the agreement by taking any necessary steps to implement it, including by entering into individual contracts with its non-teaching staff.

Korowa Anglican Girls’ School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established