Mount Scopus Memorial College

[2013] FWCA 9262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Scopus Memorial College
(AG2013/10024)

MOUNT SCOPUS MEMORIAL COLLEGE AND GANDEL BESEN HOUSE ADMINISTRATIVE SUPPORT STAFF AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 25 NOVEMBER 2013

Application for approval of the Mount Scopus Memorial College and Gandel Besen House Administrative Support Staff Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mount Scopus Memorial College and Gandel Besen House Administrative Support Staff Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Mount Scopus Memorial College. 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 Independent Education Union of Australia, Victoria Tasmania Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54 of the Act it will operate from 2 December 2013. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mount Scopus Memorial College applied to the Fair Work Commission for approval of an enterprise agreement with its administrative support staff. The applicant is an independent Jewish school, while the respondents are trade unions representing the staff. The dispute centred on the fairness of the proposed agreement, particularly regarding pay rates and conditions for certain staff members. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues in this case were whether the proposed agreement was fair and whether it complied with the requirements of the Fair Work Act 2009. The unions argued that the agreement was not fair as it did not provide adequate pay and conditions for all staff members, particularly those who had been employed before the agreement was negotiated. They also argued that the agreement did not comply with the "no disadvantage" test, which requires that an agreement should not disadvantage employees compared to their previous conditions of employment.

The Fair Work Commission found that the proposed agreement was fair and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a significant increase in pay rates for administrative support staff and improved conditions of employment. The Commission also found that the agreement did not disadvantage any staff members compared to their previous conditions of employment. The unions' arguments that the agreement did not provide adequate pay and conditions for all staff members were rejected. The Commission approved the proposed agreement.

The Fair Work Commission approved the Mount Scopus Memorial College and Gandel Besen House Administrative Support Staff Agreement 2013. The agreement provides for a significant increase in pay rates and improved conditions of employment for administrative support staff at the College. The Commission found that the agreement was fair and complied with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established