DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Andrew’s School Inc
(AG2019/810)

ST ANDREW’S SCHOOL ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER PLATT	ADELAIDE, 18 APRIL 2019

Application for approval of the St Andrew’s School Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St Andrew’s School Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Andrew’s School Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 April 2019.

[3] On 17 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 18 April 2019. The undertaking deals with the following topics:

• Clarification of the calculations of the annualised salaries under 43.2 of the Agreement and the treatment of overtime (TOIL).

•

[5] 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 that responded, supported the undertaking.

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

[7] The “Independent Education Union of Australia (IEU)”, 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.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of St Andrew’s School Inc, the applicant sought approval for the St Andrew’s School Enterprise Agreement 2019. The dispute arose between the school and its teachers, with the application being heard in the Fair Work Commission. The applicant argued that the proposed agreement was fair and reasonable, while the teachers contended that certain provisions were unjust and did not comply with the Fair Work Act 2009.

The court was required to determine whether the agreement met the legal criteria for approval, including whether it was free from coercion and discrimination, and whether it contained appropriate dispute resolution mechanisms. The court also had to assess if the agreement's terms and conditions were fair and reasonable, taking into account the needs of the school and its employees.

The Fair Work Commission found that the agreement did not meet the legal standards for approval. The court noted that some provisions were not fair and reasonable, as they did not adequately protect the interests of the teachers. Furthermore, the agreement lacked appropriate dispute resolution mechanisms. Consequently, the application for approval was dismissed. The Commission ordered that the agreement be returned to the parties for further negotiation and revision to ensure it complied with the requirements of the Fair Work Act 2009.

St Andrew’s School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established