Pilgrim School Incorporated T/A Pilgrim School Summary

[2021] FWCA 6789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilgrim School Incorporated T/A Pilgrim School
(AG2021/8377)

PILGRIM SCHOOL INC ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER PLATT	ADELAIDE, 22 NOVEMBER 2021

Application for approval of the Pilgrim School Inc Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Pilgrim School Inc Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pilgrim School Incorporated T/A Pilgrim School (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 November 2021 and was determined on the papers.

[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) of the Act I note that the Agreement covers this organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 January 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Pilgrim School Incorporated T/A Pilgrim School to approve the Pilgrim School Inc Enterprise Agreement 2021. The applicant, a non-government school, sought approval of the agreement which governed the employment terms and conditions of its employees. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the formal requirements of the Act, and whether the agreement had been made in accordance with the procedural requirements. Specifically, the Commission needed to determine whether the agreement had been made free of any prohibited conduct, and whether it had been made without any undue influence or coercion. Additionally, the Commission needed to consider whether the agreement provided for terms and conditions that were no less favourable than the relevant national workplace determination.

After examining the evidence and submissions, the Commission found that the agreement was made in compliance with the Act. The Commission was satisfied that the agreement was made free of any prohibited conduct, and that it had been made without any undue influence or coercion. The Commission also found that the agreement provided for terms and conditions that were no less favourable than the relevant national workplace determination. Accordingly, the Commission approved the agreement under section 231 of the Act.

The Commission made an order approving the Pilgrim School Inc Enterprise Agreement 2021, effective from 1 January 2021. The order noted that the agreement was to be registered with the Fair Work Commission, and that it would be available for inspection by the public. The Commission also noted that any disputes arising under the agreement would be dealt with in accordance with the dispute resolution procedures set out in the agreement.

Pilgrim School Incorporated T/A Pilgrim School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established