Prince Alfred College T/A Prince Alfred College Summary

[2022] FWCA 4147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Prince Alfred College T/A Prince Alfred College

(AG2022/4593)

Prince Alfred College Early Learning Centre Enterprise Agreement 2022

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 25 NOVEMBER 2022

Application for approval of the Prince Alfred College Early Learning Centre Enterprise Agreement 2022.

Prince Alfred College (the Employer) has made an application for approval of an enterprise agreement known as the Prince Alfred College Early Learning Centre Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (the Regulations) is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 25 November 2022 and, in accordance with s.54, will operate from 2 December 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Prince Alfred College Early Learning Centre Enterprise Agreement 2022. The applicant, Prince Alfred College, sought to have the agreement registered as a modern award to govern the employment terms and conditions of its early learning centre employees. The dispute centred around whether the agreement met the legal requirements for modern awards under the Fair Work Act 2009.

The primary legal issue was whether the agreement satisfied the criteria outlined in section 231 of the Act. This included ensuring that the agreement covered all employees, provided for a minimum rate of pay, and did not unfairly discriminate against any employee or class of employees. The Commission needed to determine if the agreement met these statutory requirements and if it represented a fair and reasonable agreement that provided for efficient, productive, and harmonious workplace relations.

The Commission found that the agreement met all the necessary statutory criteria. It covered all employees at the early learning centre, provided for a minimum rate of pay, and did not unfairly discriminate against any employee or class of employees. The Commission was satisfied that the agreement provided for efficient, productive, and harmonious workplace relations and represented a fair and reasonable agreement. The application was approved, and the agreement was registered as a modern award effective from the date of the decision.

The final order of the Commission was that the Prince Alfred College Early Learning Centre Enterprise Agreement 2022 be approved and registered as a modern award. This registration would govern the employment terms and conditions of the early learning centre employees, effective from the date of the decision.

Prince Alfred College T/A Prince Alfred College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established