Methodist Ladies’ College

[2019] FWCA 7206

[2019] FWCA 7206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Methodist Ladies’ College
(AG2019/1682)

METHODIST LADIES’ COLLEGE OPERATIONS STAFF AGREEMENT 2018-2020

Educational services
COMMISSIONER WILLIAMS	PERTH, 18 OCTOBER 2019

Application for approval of the Methodist Ladies’ College Operations Staff Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Methodist Ladies’ College Operations Staff Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Methodist Ladies’ College (the Applicant). The Agreement is a single enterprise agreement.

[2] Both the Independent Education Union of Australia (IEUA) and United Voice objected to the Commission approving this Agreement for various reasons.

[3] In common both unions were concerned that the group of employees covered by the Agreement had not been fairly chosen as is required by s.186(3A), in short because the Agreement does not cover educators working in a recently opened childcare centre adjacent to the school. Following discussions with the Applicant employer both unions have advised the Commission that they do not seek to press this objection.

[4] Separately I am satisfied in any event that the group of employees to be covered by the Agreement was fairly chosen.

[5] Other objections raised by the IEUA including that the award is not incorporated into the Agreement and concerning boarding house employees are not in my view barriers to this Agreement being approved.

[6] An individual employee who would be covered by the Agreement, Ms Janelle Connor (Ms Connor), also communicated with the Commission identifying areas of concern she has with the Agreement which she believed had not been satisfactorily responded to by the Applicant. The Commission has considered these particular issues raised by Ms Connor. With respect to the better off overall test, I am satisfied that the issue raised regarding boarding house staff who sleep over is not a barrier to the Agreement being approved. For these staff and all the employees, the Agreement has a range of benefits above what is provided for in the award. The comparison between the Agreement and the award is not undertaken as a line by line comparison. There may be certain circumstances where the Agreement provides a lesser payment for a particular day of work than the award would provide however, such a detriment is outweighed by the other beneficial provisions in the Agreement. Considering both documents as a whole, I am satisfied that overall these employees will be better off under the terms of the Agreement than under the award.

[7] 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.

[8] The IEUA and United Voice being bargaining representatives for the Agreement, have 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 organisations.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2019. The nominal expiry date of the Agreement is 31 December 2020.

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