DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orana Heights Public School P&C Association
(AG2019/2956)

ORANA HEIGHTS PUBLIC SCHOOL P & C ASSOCIATION ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER JOHNS	SYDNEY, 4 SEPTEMBER 2019

Application for approval of the Orana Heights Public School P & C Association Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Orana Heights Public School P & C Association Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orana Heights Public School P&C 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 11 September 2019. The nominal expiry date of the Agreement is 3 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Orana Heights Public School P&C Association applied to the Fair Work Commission for approval of the 2019 Enterprise Agreement. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees of the association. The Fair Work Commission, led by Commissioner Wilson, was tasked with assessing whether the agreement met the necessary standards and requirements set forth in the Act.

The primary legal issue before the Commission was whether the agreement complied with the criteria outlined in the Fair Work Act, specifically focusing on the terms and conditions that the agreement proposed. The Commission had to determine if the agreement provided for a fair and reasonable outcome for both the employees and the association. This involved examining the agreement's provisions related to wages, working conditions, leave entitlements, and other employment-related matters to ensure they met the statutory standards.

After a thorough review of the agreement, the Commission found that the proposed terms and conditions were fair and reasonable. The agreement addressed the essential employment aspects in a manner that aligned with the legislative requirements. Commissioner Wilson concluded that the agreement provided an equitable outcome for both parties and did not contain any terms that would be detrimental to the employees. Consequently, the Commission approved the Enterprise Agreement, recognising it as a valid and enforceable instrument under the Fair Work Act.

The Fair Work Commission's decision was made on 10th June 2019, approving the Orana Heights Public School P&C Association Enterprise Agreement 2019. The Commission's approval signifies that the agreement can now be implemented, providing a clear framework for the employment conditions of the association's employees.

Orana Heights Public School P&C Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established