DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pembroke School Incorporated T/A Pembroke School
(AG2016/6039)

PEMBROKE SCHOOL ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the Pembroke School Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pembroke School Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 10 November 2016 and, in accordance with s.54, will operate from 17 November 2016. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Pembroke School Incorporated T/A Pembroke School applied to the Fair Work Commission for approval of the Pembroke School Enterprise Agreement 2016. The application was heard by Deputy President R D A Grice, who was required to consider whether the agreement complied with the requirements of the Fair Work Act 2009. The legal issues before the Deputy President were whether the agreement met the criteria for registration under section 233 of the Fair Work Act, including whether the agreement provided for a safety net of minimum wages and conditions, and whether it was made in good faith and without the use of prohibited conduct.

The Deputy President found that the agreement did meet the criteria for registration. The agreement provided for a safety net of minimum wages and conditions and was made in good faith and without the use of prohibited conduct. The Deputy President noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining under the Fair Work Act, including provisions for the protection of employee rights and interests. The Deputy President also found that the agreement was a genuine attempt by the parties to reach an agreement through the process of enterprise bargaining.

The Deputy President approved the agreement and made an order under section 235 of the Fair Work Act that the agreement be registered. The order was made on the basis that the agreement met the requirements of the Fair Work Act and provided for a safety net of minimum wages and conditions. The Deputy President noted that the agreement was a fair and reasonable agreement that provided for the fair and equitable treatment of employees. The order was made in the interests of promoting conciliation, arbitration, and the settlement of industrial disputes.

The final orders made by the Deputy President were that the Pembroke School Enterprise Agreement 2016 be approved and registered under section 235 of the Fair Work Act. The Deputy President also ordered that the agreement be published on the Fair Work Commission's website and that copies of the agreement be provided to the parties and any other person who requested a copy. The Deputy President's decision provides guidance to employers and employees on the requirements for an enterprise agreement under the Fair Work Act and the importance of good faith bargaining and the protection of employee rights and interests.

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