Saint Stephen's College Limited Summary

[2016] FWCA 590

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2015/7655)

SAINT STEPHEN’S COLLEGE LIMITED COLLECTIVE ENTERPRISE

AGREEMENT 2016

Educational services

COMMISSIONER ROE

MELBOURNE, 29 JANUARY 2016

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

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Saint Stephen's College Limited Collective Enterprise Agreement 2016. (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (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 Applicant 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 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.
[2016] FWCA 590

[5] The Agreement was approved on 29 January 2016 and, in accordance with s.54, will

operate from 5 February 2016. The nominal expiry date of the Agreement is 31 December

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 590

ANNEXURE A

CaseChat Overview and Summary

Saint Stephen's College Limited applied for the approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question, known as the Saint Stephen's College Limited Collective Enterprise Agreement 2016, was proposed as a single enterprise agreement. The application was submitted by Saint Stephen's College Limited, who provided written undertakings that were reviewed and accepted by the Commissioner. The primary legal issue was whether the agreement met the criteria for approval as stipulated in sections 186, 187, 188, and 190 of the Act, and whether the agreement would cause financial detriment to employees or result in substantial changes.

The Commissioner examined the application and found that the agreement met all relevant criteria. The Commissioner also reviewed the written undertakings provided by the College, which were deemed not to cause financial detriment to any employee or result in substantial changes to the agreement. The Independent Education Union of Australia, which represents the employees, also expressed its consent for the agreement to cover them. Based on these findings, the Commissioner approved the agreement on January 29, 2016, and it was set to operate from February 5, 2016, with an expiry date of December 31, 2018.

In summary, the Commissioner approved the Saint Stephen's College Limited Collective Enterprise Agreement 2016, finding that it met all legal requirements for approval under the Fair Work Act 2009. The agreement was set to commence on February 5, 2016, and would expire on December 31, 2018.

Saint Stephen's College Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established