Saint Peters Collegiate Girls School Incorporated

[2014] FWCA 6000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Saint Peters Collegiate Girls School Incorporated
(AG2014/8616)

ST PETER'S COLLEGIATE GIRLS' SCHOOLS ENTERPRISE AGREEMENT 2014

Educational services
COMMISSIONER STEEL	ADELAIDE, 1 SEPTEMBER 2014

Application for approval of the St Peter's Collegiate Girls' School Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St Peter's Collegiate Girls' Schools Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) of the Act I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 8 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Saint Peters Collegiate Girls School Incorporated sought approval of the St Peter's Collegiate Girls' School Enterprise Agreement 2014. The application for approval was contested by the Australian Education Union, which represented the school's teachers. The primary issue was whether the terms and conditions outlined in the agreement met the requirements for approval under the Fair Work Act 2009.

The court examined whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the procedural requirements for approval. The key points of contention included the classification of positions, the structure of salary increments, and the provisions regarding workload and leave entitlements. The Fair Work Commission also considered the balance of power between the employer and the union, and whether the agreement was made in good faith.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The court concluded that the terms and conditions provided were fair and reasonable, and that the agreement was made in good faith. The procedural requirements were also met, including the provision of full and relevant information to the union and the opportunity for consultation. Consequently, the Commission approved the enterprise agreement, noting that it represented a fair outcome for both the employer and the employees.

The Fair Work Commission approved the St Peter's Collegiate Girls' School Enterprise Agreement 2014, subject to the terms and conditions outlined in the decision. The approval was effective from the date of the decision, and the agreement was to be applied as the basis for employment conditions at the school.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established