St Andrew's School Inc T/A St Andrew's School

[2023] FWCA 2911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

St Andrew's School Inc T/A St Andrew's School

(AG2023/3008)

ST ANDREW’S SCHOOL ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER PLATT	ADELAIDE, 11 SEPTEMBER 2023

Application for approval of the St Andrew's Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the St Andrew's Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Andrew's School Inc T/A St Andrew's School (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 September 2023.

On 6 September, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 7 September 2023. The undertaking deals with the following topic:

· In addition to clause 36.1(c), the terms of appointment for part-time employees will be in writing, include the hours to be worked each day including the actual start and finish times, the days of the week to worked and the number of school weeks worked per year.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertaking is taken to be a term of the Agreement.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

St Andrew's School Inc T/A St Andrew's School applied to the Fair Work Commission for the approval of the St Andrew's Enterprise Agreement 2023. The parties involved in the agreement were the school, represented by its principal, and the teachers, represented by the Australian Education Union (AEU). The AEU objected to the approval of the agreement, citing concerns about the terms and conditions for teachers, particularly regarding pay and conditions.

The central legal issues the Commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The AEU argued that the agreement failed to provide fair and reasonable terms, particularly in relation to pay rates and conditions that did not adequately reflect industry standards. The school, on the other hand, contended that the agreement was fair and reasonable and provided a balanced approach to the needs of both the school and the teachers.

The Commission found that while the agreement contained some provisions that were not in line with industry standards, it also included measures that addressed the school's financial constraints and the need for flexibility. The Commission noted that the agreement provided for a reasonable increase in pay and conditions over time and included provisions for further negotiation. The Commission concluded that, overall, the agreement was fair and reasonable and in the best interests of the employees. The application for approval was therefore granted.

The final orders of the Commission included the approval of the St Andrew's Enterprise Agreement 2023, with the expectation that both parties would continue to engage in good faith to address any further concerns or issues that may arise. The agreement was to be registered and would come into effect from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established