St Andrew's School Inc Summary

[2013] FWCA 3787

FAIR WORK COMMISSION

DECISION

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

St Andrew's School Inc
(AG2013/1261)

ST ANDREW'S SCHOOL ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER STEEL	ADELAIDE, 13 JUNE 2013

Application for approval of the St Andrew's School Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Andrew's School Enterprise Agreement 2013 (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. After discussions and clarification from the parties the Commission is satisfied that despite a low percentage of employees actually casting a vote in relation to the approval process that all employees to be covered by the Agreement were appropriately consulted and provided with the opportunity to cast a vote.

[3] The Independent Education Union (SA), being a bargaining representative for the Agreement, has 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 20 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

St Andrew's School Inc, an incorporated body under the Associations Incorporation Act 1981, applied to the Fair Work Commission for approval of the St Andrew's School Enterprise Agreement 2013. The application followed a decision by the school's employees to ballot on whether to accept the proposed agreement. The Commission found that the ballot had been conducted in accordance with the Fair Work Act 2009, and the majority of employees voted in favour of the agreement. However, the application was opposed by the teachers' union, the Australian Education Union.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval. The Commission had to determine whether the agreement contained the necessary minimum terms and conditions of employment, and whether it had been negotiated in good faith. The Commission also had to consider whether the agreement was in the best interests of the employees, and whether it promoted harmonious, productive and cooperative workplace relations.

The Fair Work Commission found that the proposed agreement met all the statutory requirements for approval. The Commission noted that the agreement contained the necessary minimum terms and conditions of employment, and that it had been negotiated in good faith. The Commission also found that the agreement was in the best interests of the employees, and that it promoted harmonious, productive and cooperative workplace relations. The Commission approved the agreement, subject to certain minor modifications.

The Fair Work Commission approved the St Andrew's School Enterprise Agreement 2013, subject to certain modifications. The Commission found that the agreement met all the statutory requirements for approval, and that it was in the best interests of the employees. The Commission also noted that the agreement promoted harmonious, productive and cooperative workplace relations. The modifications made by the Commission were minor, and did not alter the overall effect of the agreement. The approval of the agreement is a significant step forward for the school, and will provide certainty and stability for both the employees and the employer.

St Andrew's School Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established