Mount Scopus Memorial College Summary

[2013] FWCA 9261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Scopus Memorial College
(AG2013/10025)

MOUNT SCOPUS MEMORIAL COLLEGE AND GANDEL BESEN HOUSE SCHOOL ASSISTANTS STAFF AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 25 NOVEMBER 2013

Application for approval of the Mount Scopus Memorial College and Gandel Besen House School Assistants 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 School Assistants 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

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CaseChat Overview and Summary

Mount Scopus Memorial College applied for approval of the Mount Scopus Memorial College and Gandel Besen House School Assistants Staff Agreement 2013. The dispute was heard in the Fair Work Commission. The primary issue for the Commission was whether the agreement could be approved in its current form or if it required modifications to comply with legislative requirements.

The Fair Work Commission examined the agreement's provisions to determine if they met the standards set by the Fair Work Act 2009. Particular attention was given to whether the agreement provided adequate protections for employees, including provisions related to termination, dispute resolution, and procedural fairness. The Commission also considered whether the agreement's terms aligned with the principles of good faith bargaining and the overall objectives of the Act.

In its decision, the Fair Work Commission determined that while the agreement generally met the legislative requirements, certain provisions needed modification. The Commission identified specific clauses that did not sufficiently protect employees or align with the Act's objectives. It directed the parties to amend these clauses to ensure they provided adequate protections and adhered to the principles of good faith bargaining. Upon the parties' compliance with these directions, the Commission approved the agreement.

The final orders included the approval of the amended Mount Scopus Memorial College and Gandel Besen House School Assistants Staff Agreement 2013, contingent on the parties' implementation of the required modifications.

Mount Scopus Memorial College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established