Santa Sabina College Ltd T/A Santa Sabina College

[2022] FWCA 1400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Santa Sabina College Ltd T/A Santa Sabina College

(AG2022/1143)

Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 APRIL 2022

Application for approval of the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 May 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Santa Sabina College Limited, trading as Santa Sabina College, applied for approval of the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2022. The agreement related to the employment conditions of the college's support and operational staff. The application was brought under the Fair Work Act 2009, which requires that certain enterprise agreements be approved by the Fair Work Commission to ensure they meet the "better off overall test" and other statutory requirements.

The legal issues before the Commission were whether the agreement complied with the "better off overall test," whether the agreement had been genuinely negotiated, and whether it met the other statutory criteria for approval. The "better off overall test" requires that the proposed agreement makes employees, on average, no worse off and some better off financially than they would be under the applicable award or other industrial instrument. Additionally, the Commission needed to be satisfied that the agreement had been negotiated genuinely and in good faith.

The Commission found that the agreement met the "better off overall test," as it provided for wage increases and other benefits that improved the employees' financial position. The Commission was also satisfied that the agreement had been genuinely negotiated, with evidence of a proper negotiation process and the involvement of representatives for both parties. The agreement was in line with other statutory requirements, such as provisions for minimum working conditions and dispute resolution mechanisms. Therefore, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's final order was that the Santa Sabina College (Support and Operational Staff) Enterprise Agreement 2022 be approved, and it was to take effect from the date of the Commission's decision. The approval was subject to the agreement being registered with the Registrar of the Fair Work Commission within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established