DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pilgrim School Inc
(AG2015/2905)

PILGRIM SCHOOL INC ENTERPRISE AGREEMENT 2014

Educational services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JULY 2015

Application for approval of the Pilgrim School Inc Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pilgrim School Inc Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilgrim School Inc. The Agreement is a single-enterprise agreement.

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

[3] The Independent Education Union of Australia (IEU), 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Pilgrim School Inc Enterprise Agreement 2014. The application was brought by the employer, Pilgrim School Inc, and the employee, represented by the Australian Education Union. The Federal Circuit and Family Court of Australia heard the application. The primary dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval and registration.

The court was required to determine if the agreement was a genuine enterprise agreement, whether it contained the minimum mandatory terms prescribed by the Act, and if it had been made in good faith and without coercion. A key issue was whether the agreement contained adequate provisions for employee representation, particularly in relation to the dismissal and disciplinary processes outlined within the agreement.

The court found that the agreement was a genuine enterprise agreement, containing the required minimum terms. It held that the agreement had been made in good faith and without coercion, noting the involvement of the Australian Education Union in the negotiation process. The court also determined that the provisions for employee representation, although not perfectly aligned with the Act, were sufficient to meet the statutory requirements. The court approved the agreement, emphasising the importance of good faith negotiations and the role of the union in representing employees' interests.

The court's final order was the approval and registration of the Pilgrim School Inc Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be lodged with the Fair Work Commission as per the statutory requirements.

Pilgrim School Inc

DECISION

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Legal Principle Established