DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Scopus Memorial College Limited T/A Mount Scopus Memorial College
(AG2017/6672)

MOUNT SCOPUS MEMORIAL COLLEGE AND GANDEL BESEN HOUSE TEACHING STAFF AGREEMENT 2017

Educational services
COMMISSIONER MCKINNON	MELBOURNE, 7 MAY 2018

Application for approval of the Mount Scopus Memorial College and Gandel Besen House Teaching 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 Teaching 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] 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.

[5] 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 T/A Mount Scopus Memorial College applied to the Fair Work Commission for the approval of the Mount Scopus Memorial College and Gandel Besen House Teaching Staff Agreement 2017. The College is a Jewish independent school located in Melbourne. The dispute concerns the approval of an enterprise agreement that regulates the employment conditions of teaching staff at the College. The Commission is required to determine whether the agreement meets the criteria set out in the Fair Work Act 2009 for approval.

The legal issues before the Commission involved ensuring that the agreement was made in good faith, that it provided for the terms and conditions of employment of the employees, and that it met the requirements for procedural fairness and protection of employees' rights. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it contained terms that were contrary to public policy.

The Commission found that the agreement was made in good faith and provided for the terms and conditions of employment of the employees. The Commission also found that the agreement met the requirements for procedural fairness and protection of employees' rights. The Commission concluded that the agreement was in the best interests of the employees and did not contain any terms that were contrary to public policy. The Commission approved the agreement.

The Commission made an order approving the Mount Scopus Memorial College and Gandel Besen House Teaching Staff Agreement 2017 as a registered agreement. The approval is effective from the date of the order and will remain in force until it is terminated or expires in accordance with the agreement or the Fair Work Act 2009.

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