DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pembroke School Incorporated T/A Pembroke School
(AG2018/7155)

PEMBROKE SCHOOL ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 5 APRIL 2019

Application for approval of the Pembroke School Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pembroke School 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 Pembroke School Incorporated T/A Pembroke 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I note that clauses 19, 21, 35 & 37 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement was approved on 5 April 2019 and, in accordance with s.54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Pembroke School Incorporated T/A Pembroke School, the Fair Work Commission was called upon to determine whether the proposed Enterprise Agreement should be approved. The application was brought by the school, which sought the Commission's endorsement of the agreement as a registered instrument, a step necessary for it to be enforceable.

The legal issues before the Commission involved scrutinising the proposed agreement to ensure it complied with the relevant statutory framework. This included verifying that the agreement met the requirements for being a simple, fair, and flexible workplace agreement under the Fair Work Act 2009. The Commission also had to consider whether the agreement provided for appropriate terms and conditions that balanced the interests of both the employer and the employees.

In delivering its decision, the Commission examined the provisions of the proposed agreement against the statutory benchmarks. The Commission noted that the agreement contained provisions that were consistent with the objectives of the Act, including those relating to minimum wages, penalty rates, and other standard employment conditions. The Commission was satisfied that the agreement was fair and did not contain any terms that would undermine the rights or entitlements of the employees. Consequently, the Commission approved the agreement, allowing it to be registered and enforced as a binding workplace arrangement.

The Fair Work Commission ordered that the Pembroke School Enterprise Agreement 2019 be approved and registered, thereby making it a legally binding instrument between the school and its employees. This decision ensures that the agreement's terms and conditions are enforceable and provides a framework for the continued operation of the school in compliance with the statutory requirements.

Pembroke School Incorporated T/A Pembroke School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established