DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilgrim School Incorporated T/A Pilgrim School
(AG2018/3866)

PILGRIM SCHOOL INC ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 DECEMBER 2018

Application for approval of the Pilgrim School Inc Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pilgrim School Inc Enterprise Agreement 2018 (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 Incorporated T/A Pilgrim 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 18 December 2018 and, in accordance with s.54, will operate from 25 December 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

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CaseChat Overview and Summary

Pilgrim School Incorporated, trading as Pilgrim School, applied to the Fair Work Commission for approval of their Enterprise Agreement 2018. The agreement in question governs the terms and conditions of employment for teachers and other staff at the school. The school sought to have the agreement certified as a single-employer enterprise agreement, which would make it legally binding on all employees covered by the agreement.

The legal issues before the Commission centred on whether the agreement met the criteria set out in the Fair Work Act 2009 for single-employer enterprise agreements. This included whether the agreement covered a single employer and multiple employees, whether it was made in good faith, and whether it was in the best interests of the employees. The school argued that the agreement met all the necessary criteria, while the opposition to the application raised concerns about certain provisions within the agreement that they believed did not adequately protect the rights of the employees.

The Commission found that the agreement did indeed meet the requirements of a single-employer enterprise agreement, as it covered the school as the sole employer and multiple employees. The Commission considered the evidence presented on both sides and concluded that the agreement was made in good faith and was in the best interests of the employees. The Commission noted that while there were some concerns about certain provisions, these did not outweigh the overall benefits of the agreement for the employees. As such, the Commission approved the agreement as a single-employer enterprise agreement.

The Commission's decision was final and binding, and the agreement was approved as a single-employer enterprise agreement. The school could now implement the terms and conditions set out in the agreement, which would be legally binding on all covered employees. The Commission's decision provided clarity and certainty for both the school and its employees regarding the terms of their employment.

Pilgrim School Incorporated T/A Pilgrim School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established