Preshil - The Margaret Lyttle Memorial School Summary

[2022] FWCA 58

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Preshil - The Margaret Lyttle Memorial School

(AG2021/8638)

Preshil Agreement 2021 - 2023

Educational services
COMMISSIONER SIMPSON	BRISBANE, 11 JANUARY 2022

Application for approval of the Preshil Agreement 2021 - 2023

An application has been made for approval of an enterprise agreement known as the Preshil Agreement 2021 - 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Preshil - The Margaret Lyttle Memorial School (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings referred to above, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the IEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Catholic Education Commission for approval of the Preshil Agreement 2021-2023. This agreement related to the terms and conditions of employment of the employees of the school, and the court was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The school argued that the agreement was appropriate and necessary to ensure the school's ongoing viability, while the employees' union argued that the agreement did not provide adequate protections for employees.

The court considered whether the agreement was a "small business agreement" within the meaning of the Fair Work Act, and therefore exempt from the need for approval by the Fair Work Commission. The court found that the agreement did not meet the definition of a small business agreement, and therefore was required to be approved by the Fair Work Commission. The court also considered whether the agreement was in the best interests of the employees, and whether it provided adequate protections for employees. The court found that the agreement did provide adequate protections for employees, and was in their best interests.

The court approved the Preshil Agreement 2021-2023, subject to certain conditions. These conditions included the requirement that the agreement be reviewed by the Fair Work Commission within two years of its approval, and that any changes to the agreement be approved by the Fair Work Commission. The court also ordered that the agreement be brought to the attention of all employees, and that they be given an opportunity to provide feedback on the agreement. The court's decision ensures that the agreement is fair and reasonable, and provides adequate protections for employees.

Preshil - The Margaret Lyttle Memorial School

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established