DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian Ladies' College
(AG2019/446)

PRESBYTERIAN LADIES' COLLEGE GENERAL STAFF AGREEMENT 2019 - 2021

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2019

Application for approval of the Presbyterian Ladies' College General Staff Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Presbyterian Ladies’ College General Staff Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Presbyterian Ladies’ College. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Presbyterian Ladies' College, an educational institution, sought approval for its General Staff Agreement 2019-2021. The application was brought before the Fair Work Commission, the relevant industrial tribunal. The dispute centred on whether the agreement complied with the relevant legislative provisions and whether it was fair and reasonable in all its terms.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements outlined in the Fair Work Act 2009 and whether it was appropriate in terms of employee protections, entitlements, and procedural fairness. The Commission had to evaluate the agreement's provisions against these criteria, ensuring that it did not undermine employees' rights or set unfair terms.

In deliberating over the application, the Commission considered the balance of the agreement, the fairness of its terms, and whether it met the statutory requirements for approval. The Commission noted the extensive consultation process undertaken by the College and the reasonable nature of the proposed terms. Ultimately, the Commission found that the agreement was fair and reasonable, and it complied with the relevant legislative provisions. Consequently, the Commission approved the Presbyterian Ladies' College General Staff Agreement 2019-2021.

Presbyterian Ladies' College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established