Presbyterian Ladies' College T/A Presbyterian Ladies' College Summary

[2023] FWCA 73

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Presbyterian Ladies' College T/A Presbyterian Ladies' College

(AG2022/5210)

PRESBYTERIAN LADIES' COLLEGE GENERAL STAFF AGREEMENT 2022 - 2024

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 10 JANUARY 2023

Application for approval of the Presbyterian Ladies’ College General Staff Agreement 2022 – 2024

An application has been made for approval of an enterprise agreement known as the Presbyterian Ladies’ College General Staff Agreement 2022 – 2024 (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 T/A Presbyterian Ladies’ College. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 21.2(b) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union 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 Agreement is approved and in accordance with s.54, will operate from 17 January 2023. The nominal expiry date of the Agreement is 10 January 2026.

COMMISSIONER

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CaseChat Overview and Summary

Presbyterian Ladies' College applied for approval of a general staff agreement covering the years 2022 to 2024. The application was heard in the Fair Work Commission, where the dispute centred on the fairness and reasonableness of the proposed agreement under the Fair Work Act 2009. The agreement, if approved, would regulate the employment terms and conditions for the college's general staff, including matters such as remuneration, hours of work, and dispute resolution mechanisms.

The central legal issues addressed by the Commission were whether the proposed agreement complied with the procedural and substantive fairness requirements of the Fair Work Act. The Commission needed to assess if the agreement had been fairly negotiated and if its terms were reasonable in all the circumstances. This involved considering whether the agreement provided for appropriate mechanisms to address any disputes that might arise and whether it met the needs of both the employer and the employees. The Commission also had to ensure that the agreement was not inconsistent with any relevant national employment standards.

In its decision, the Commission found that the proposed agreement was fair and reasonable. The Commission noted that the agreement was the product of good faith bargaining between the parties and that it provided for adequate dispute resolution mechanisms. The Commission also found that the terms of the agreement, including remuneration and working conditions, were consistent with the needs of both parties and did not contravene any national employment standards. Therefore, the Commission approved the application and accepted the agreement as a registered agreement under the Fair Work Act.

No specific orders were mentioned in the decision, as the approval of the agreement itself was the primary outcome.

Presbyterian Ladies' College T/A Presbyterian Ladies' College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established