Pembroke School Incorporated T/A Pembroke School

[2021] FWCA 6984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pembroke School Incorporated T/A Pembroke School
(AG2021/8566)

PEMBROKE SCHOOL ENTERPRISE AGREEMENT 2022

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 DECEMBER 2021

Application for approval of the Pembroke School Enterprise Agreement 2022

[1] An application has been made for approval of an enterprise agreement known as the Pembroke School Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 December 2021. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Pembroke School Incorporated trading as Pembroke School, sought approval of the Pembroke School Enterprise Agreement 2022 from the Fair Work Commission. The application involved a dispute between the school and its employees, specifically concerning the terms and conditions of employment under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and whether it provided for fair and reasonable terms and conditions.

The legal issues before the Commission centred on the interpretation and application of the Fair Work Act 2009. Key points of contention included whether the agreement appropriately balanced the rights and interests of the employees and the employer, and whether it complied with statutory provisions regarding minimum entitlements, procedural fairness, and good faith bargaining. The Commission had to assess the provisions of the agreement in light of these statutory requirements to determine its validity and fairness.

The Commission found that the agreement was generally fair and reasonable, providing adequate protection for the employees while also accommodating the needs of the employer. The agreement included provisions for minimum wages, hours of work, and other employment conditions that were in line with the Fair Work Act. The Commission noted that the agreement had been the result of good faith bargaining between the parties and that it met the necessary legal standards for approval. Consequently, the Commission approved the Pembroke School Enterprise Agreement 2022, finding it to be compliant with the requirements of the Act.

The final orders of the Commission included the approval of the Pembroke School Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms and conditions of the school's employees. The Commission's decision provided clarity and finality to the dispute, ensuring that the agreement would be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established