Presbyterian and Methodist Schools Association

[2013] FWCA 2926

FAIR WORK COMMISSION

DECISION

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

Presbyterian and Methodist Schools Association
(AG2013/838)

PRESBYTERIAN AND METHODIST SCHOOLS ASSOCIATION - SUNSHINE COAST GRAMMAR SCHOOL GROUNDS AND MAINTENANCE STAFF - ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER SIMPSON	BRISBANE, 10 MAY 2013

Application for approval of the Presbyterian and Methodist Schools Association - Sunshine Coast Grammar School Grounds and Maintenance Staff - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Presbyterian and Methodist Schools Association - Sunshine Coast Grammar School Grounds and Maintenance Staff - Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Presbyterian and Methodist Schools Association. 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.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 17 May 2013. The nominal expiry date of the Agreement is 13 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Presbyterian and Methodist Schools Association applied for approval of their Enterprise Agreement 2013, which concerned the Sunshine Coast Grammar School grounds and maintenance staff. The application was brought before the Fair Work Commission. The principal issue before the Commission was whether the agreement met the statutory requirements of the Fair Work Act 2009, including compliance with the lawful days test and the genuine agreement test. The Commission had to consider whether the agreement was fairly negotiated and if the terms and conditions were lawful.

The Commission examined the process of negotiation and the content of the agreement. It considered whether the agreement was genuinely negotiated and if the parties had genuinely agreed to the terms. The Commission also assessed whether the agreement contained lawful terms and conditions, including provisions related to minimum rates of pay, penalty rates, and lawful days of work. The Commission concluded that the agreement was fairly negotiated and met the lawful days and genuine agreement tests. It was satisfied that the parties had reached the terms of the agreement voluntarily and without coercion.

In summary, the Commission approved the Enterprise Agreement 2013, finding that it complied with the relevant statutory requirements. The agreement was approved and registered, providing a framework for the employment conditions of the Sunshine Coast Grammar School grounds and maintenance staff. The decision underscored the importance of genuine negotiation and lawful terms in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established