DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mudgee Public School Parents and Citizens Association
(AG2019/4879)

MUDGEE PUBLIC SCHOOL PARENTS & CITIZENS ASSOCIATION ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER JOHNS	SYDNEY, 23 JANUARY 2020

Application for approval of the Mudgee Public School Parents & Citizens Association Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mudgee Public School Parents & Citizens Association Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Mudgee Public School Parents and Citizens Association. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2020. The nominal expiry date of the Agreement is 22 January 2024.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Mudgee Public School Parents and Citizens Association applied for approval of their Enterprise Agreement 2019. The application was contested by the NSW Department of Education. The association sought to establish terms and conditions of employment for its members, who were casual employees of the school. The dispute centred on whether the agreement was consistent with the relevant federal industrial instruments and if it complied with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the terms and conditions set out in the Enterprise Agreement were within the scope of what could be validly agreed upon by the parties and if the agreement complied with the provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided for a safety net of minimum terms and conditions, ensuring that casual employees were not disadvantaged compared to permanent staff.

The Fair Work Commission determined that the Enterprise Agreement was consistent with the relevant federal industrial instruments and complied with the Fair Work Act. The Commission found that the agreement provided a safety net of minimum terms and conditions for casual employees, preventing them from being disadvantaged compared to permanent staff. The Commission approved the Enterprise Agreement, noting that it was fair and reasonable, and provided an appropriate balance of rights and obligations for both the association and the Department of Education.

The Commission's approval of the Enterprise Agreement means that the terms and conditions set out in the agreement will apply to the casual employees of the Mudgee Public School Parents and Citizens Association. The agreement will provide a clear framework for the employment of these individuals, ensuring that they are treated fairly and reasonably in accordance with the relevant industrial instruments and the Fair Work Act.

Mudgee Public School Parents and Citizens Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established