St Andrews Grammar Incorporated T/A St Andrews Grammar School Incorporated

[2023] FWCA 1925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Andrews Grammar Incorporated T/A St Andrews Grammar School Incorporated

(AG2023/1711)

ST. ANDREW'S GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2023

Educational services
COMMISSIONER YILMAZ	MELBOURNE, 29 JUNE 2023

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

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

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that 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, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting paragraph 1 of the undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Independent Education Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 6 July 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the St. Andrew's Grammar School Enterprise Agreement 2023. The application was made by St Andrews Grammar Incorporated trading as St Andrews Grammar School Incorporated, the employer, in accordance with section 229 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the school's staff, including wages, leave entitlements, and working conditions.

The legal issues the court was required to decide included whether the proposed agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for the safety nets of minimum wages, penalty rates, maximum weekly hours, and annual leave. Additionally, the court needed to determine if the agreement included provisions that complied with the Act’s objectives of ensuring fairness and flexibility in the workplace, and whether it adequately protected the rights of employees.

The Fair Work Commission found that the proposed enterprise agreement met the legislative requirements for approval. It provided for adequate safety net protections, including minimum wage rates and conditions for penalty rates, maximum weekly hours, and annual leave. The court also considered the negotiation process and found that the agreement was the result of genuine bargaining between the employer and the employees' representative. Consequently, the court ruled that the agreement was compliant with the objectives of the Fair Work Act, providing a fair and flexible framework for the employees.

The court approved the St. Andrew's Grammar School Enterprise Agreement 2023, directing it to be registered by the Fair Work Commission. The decision confirmed the agreement as a legally binding document governing the terms and conditions of employment for the school's staff.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established