DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noosa Pengari Steiner School Association Incorporated T/A Noosa Pengari Steiner School
(AG2018/5298)

NOOSA PENGARI STEINER SCHOOL COLLECTIVE ENTERPRISE AGREEMENT 2018

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 MARCH 2019

Application for approval of the Noosa Pengari Steiner School Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Noosa Pengari Steiner School Collective Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Noosa Pengari Steiner School Association Incorporated T/A Noosa Pengari Steiner School. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 March 2019 and, in accordance with s.54, will operate from 8 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Noosa Pengari Steiner School Association Incorporated, trading as Noosa Pengari Steiner School, applied for approval of its 2018 collective enterprise agreement. The dispute was heard in the Fair Work Commission, presided over by Commissioner M. G. S. O’Callaghan. The school argued that the agreement should be approved as it fairly reflected the terms and conditions of employment for its staff, in line with the Fair Work Act 2009. The application was contested by the Noosa Council of Teachers Association, which raised concerns about certain provisions in the agreement, particularly those relating to pay rates and conditions.

The court had to determine whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court examined whether the agreement provided for a fair and efficient workplace, whether it adhered to the Fair Work Act's provisions, and if it was made in good faith and without coercion. The court also considered whether the agreement provided for the appropriate balance of power between the employer and employees. The central issue was whether the contested provisions of the agreement were consistent with the statutory requirements for a fair and effective workplace agreement.

After reviewing the evidence and submissions from both parties, the court found that the Noosa Pengari Steiner School Collective Enterprise Agreement 2018 was fair and met the statutory criteria for approval. The court determined that the agreement was made in good faith and did not contain any unfair provisions that would undermine the rights of the employees. The court was satisfied that the agreement provided for a fair and efficient workplace and that the balance of power between the employer and employees was appropriate. Consequently, the court approved the agreement, finding it to be fair and consistent with the principles of the Fair Work Act.

The final orders of the court included the approval of the Noosa Pengari Steiner School Collective Enterprise Agreement 2018, subject to certain conditions. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The court also ordered that the agreement would be in effect from the date of approval, and any disputes arising from it would be subject to the Fair Work Commission's jurisdiction. The decision was a significant outcome for the school, as it provided clarity and certainty regarding the terms and conditions of employment for its staff.

Noosa Pengari Steiner School Association Incorporated T/A Noosa Pengari Steiner School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established