DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saint Stephen’s College Limited T/A Saint Stephen’s College
(AG2018/7005)

SAINT STEPHEN’S COLLEGE LIMITED COLLECTIVE ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 14 MAY 2019

Application for approval of the Saint Stephen’s College Limited Collective Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Saint Stephen’s College Limited Collective Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Saint Stephen’s College Limited T/A Saint Stephen’s College. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia (IEU) and Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 20 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Saint Stephen’s College Limited, trading as Saint Stephen’s College, and the relevant trade union. The dispute centred around the application for approval of the Saint Stephen’s College Limited Collective Enterprise Agreement 2019. The case was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to facilitate the resolution of workplace disputes in Australia.

The legal issues before the court required determination on whether the proposed agreement complied with the statutory requirements set forth in the Fair Work Act 2009. This included assessing if the agreement contained all the mandatory terms prescribed by the Act, whether it was made in good faith, and if it met the procedural fairness requirements. The court was also tasked with ensuring that the agreement did not contain any terms that would be contrary to public policy or otherwise unenforceable.

The Fair Work Commission carefully examined the proposed agreement, considering all relevant legal standards and precedents. The court found that the agreement met the statutory requirements and was made in good faith. The commission also determined that the agreement complied with all mandatory terms and did not contravene any public policy considerations. Consequently, the court approved the application for the agreement's approval.

The final orders of the court were that the Saint Stephen’s College Limited Collective Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. This decision provided legal certainty for both the employer and the union, ensuring that the terms of the agreement would govern the employment conditions of the parties involved.

Saint Stephen’s College Limited T/A Saint Stephen’s College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established