Pilgrim School Incorporated T/A Pilgrim School Summary

[2025] FWCA 668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pilgrim School Incorporated T/A Pilgrim School

(AG2025/316)

PILGRIM SCHOOL INC ENTERPRISE AGREEMENT 2025

Educational services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 20 FEBRUARY 2025

Application for approval of the Pilgrim School Inc Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Pilgrim School Inc Enterprise Agreement 2025 (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.

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 Independent Education Union of Australia (IEUA) 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. The IEUA supports approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2025. The nominal expiry date of the Agreement is 31 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Pilgrim School Incorporated, trading as Pilgrim School, to the Fair Work Commission for the approval of an Enterprise Agreement. The application was made under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the school's staff and the procedural fairness of the agreement process.

The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act and whether the process leading to its creation was procedurally fair. The Commission had to determine if the agreement was made in good faith and if it provided for terms and conditions that were fair and reasonable. Additionally, the Commission examined whether the agreement was certified by an independent person and whether there was proper consultation with employees.

The Commission held that the Enterprise Agreement was procedurally fair and met the necessary legal requirements. It noted that there was genuine consultation with employees and that the agreement was certified by an independent person. The Commission found that the terms and conditions of the agreement were fair and reasonable, and it approved the agreement. The decision was made on the basis that the agreement complied with the statutory requirements and was made in good faith.

The Fair Work Commission approved the Pilgrim School Inc Enterprise Agreement 2025, confirming its compliance with the Fair Work Act and its procedural fairness.

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