DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Scopus Memorial College Limited T/A Mount Scopus Memorial College
(AG2017/6676)

MOUNT SCOPUS MEMORIAL COLLEGE AND GANDEL BESEN HOUSE SCHOOL ASSISTANTS STAFF AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 7 MAY 2018

Application for approval of the Mount Scopus Memorial College and Gandel Besen House School Assistants Staff Agreement 2017.

[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 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mount Scopus Memorial College Limited T/A Mount Scopus Memorial College. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 6 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mount Scopus Memorial College Limited, trading as Mount Scopus Memorial College, applied to the Fair Work Commission for approval of the Mount Scopus Memorial College and Gandel Besen House School Assistants Staff Agreement 2017. The applicant sought to have the agreement registered as a modern award under the Fair Work Act 2009. The College and the respondents, Gandel Besen House School Assistants Union and the Australian Education Union, had engaged in negotiations resulting in the Agreement. The dispute involved the terms of the agreement, including wages, working conditions, and other employment-related matters.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it was a genuine agreement reached through a process of good-faith negotiations, and whether it complied with the provisions of the Act regarding terms and conditions of employment. The Commission had to determine if the agreement was a safety net compliant modern award that provided employees with a minimum set of rights and protections. The Commission also needed to consider the impact of the agreement on employees and whether it provided adequate safeguards.

The Fair Work Commission found that the agreement was a genuine result of good-faith negotiations between the parties. It determined that the agreement was safety net compliant and met the requirements of the Fair Work Act. The Commission approved the agreement as a modern award, ensuring that employees would receive a fair set of terms and conditions of employment. The Commission considered the agreement to be in the best interests of the employees and the broader community. The final orders included the registration of the Mount Scopus Memorial College and Gandel Besen House School Assistants Staff Agreement 2017 as a modern award under the Fair Work Act.

Mount Scopus Memorial College Limited T/A Mount Scopus Memorial College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established