Scotch College Adelaide Incorporated Summary

[2022] FWCA 1321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Scotch College Adelaide Incorporated

(AG2022/918)

Scotch College Adelaide Enterprise Agreement 2022

Educational services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 14 APRIL 2022

Application for the approval of Scotch College Adelaide Enterprise Agreement 2022.

Scotch College Adelaide Incorporated (the Employer) has made an application for approval of an enterprise agreement known as the Scotch College Adelaide 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 requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 12. The Employer submits that there was a cross-referencing typographical error within the clause.

I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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 the accompanying statutory declaration, the additional information provided by the Employer and having heard from the parties, 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.

The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 14 April 2022 and, in accordance with s 54, will operate from 21 April 2022. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Scotch College Adelaide Incorporated, the applicant, sought the Fair Work Commission's approval of the Scotch College Adelaide Enterprise Agreement 2022. The college, a private educational institution, and its employees, represented by the Australian Education Union, were parties to the agreement. The dispute centred on whether the terms of the agreement complied with the relevant federal legislation, particularly the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement met the criteria for approval, including fairness, efficiency, and productivity.

The legal issues before the Commission included whether the agreement adequately provided for the minimum entitlements of employees, ensured procedural fairness, and promoted efficient and productive workplace relations. The Commission had to examine the terms of the agreement, including wages, hours of work, leave provisions, and dispute resolution mechanisms, to ascertain compliance with the statutory requirements. Additionally, the Commission needed to consider submissions from both the college and the union, weighing their arguments about the agreement's fairness and its potential impact on the workplace.

The Fair Work Commission found that the agreement substantially met the criteria for approval. It determined that the agreement provided for minimum entitlements in line with the Fair Work Act and ensured procedural fairness through the inclusion of dispute resolution processes. The Commission was satisfied that the agreement would promote efficient and productive workplace relations. After careful consideration of the submissions and the terms of the agreement, the Commission approved the Scotch College Adelaide Enterprise Agreement 2022. This decision marked the conclusion of the legal process regarding the agreement's validity and implementation.

Scotch College Adelaide Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established