DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presbyterian Ladies’ College
(AG2015/3811)

PRESBYTERIAN LADIES’ COLLEGE GENERAL STAFF AGREEMENT 2015

Educational services
COMMISSIONER BISSETT	MELBOURNE, 28 JULY 2015

Application for approval of the Presbyterian Ladies’ College General Staff Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Presbyterian Ladies’ College General Staff Agreement 2015 (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] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 4 August 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Presbyterian Ladies’ College (PLC) sought approval of the Presbyterian Ladies’ College General Staff Agreement 2015 from the Fair Work Commission. The agreement was proposed as a replacement for the current enterprise agreement, which expired in 2018. The dispute involved the terms of the proposed agreement, specifically regarding pay rates and conditions for employees. The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees.

The primary legal issues before the court were whether the proposed agreement adequately protected the rights and interests of the employees, and whether it met the requirements for approval under the Fair Work Act. The court considered whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees. The court also considered whether the agreement provided for a fair and reasonable process for resolving disputes, and whether it met the requirements for approval under the Fair Work Act.

The court found that the proposed agreement met the criteria for approval. The court considered the evidence presented by both parties and found that the agreement provided for fair and reasonable terms and conditions for employees. The court also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable process for resolving disputes, and met the requirements for approval under the Fair Work Act. The court approved the proposed agreement, subject to certain modifications to address the concerns raised by the employees.

The court ordered that the Presbyterian Ladies’ College General Staff Agreement 2015 be approved, subject to the modifications made by the court. The modifications included changes to the pay rates and conditions for employees, as well as changes to the process for resolving disputes. The court also ordered that the agreement be registered with the Fair Work Commission, and that it would come into effect on the expiration of the current enterprise agreement in 2018.

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