St Catherine’s School

[2024] FWCA 1345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Catherine’s School

(AG2024/980)

ST CATHERINE’S SCHOOL AGREEMENT 2024

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 16 APRIL 2024

Application for approval of the St Catherine’s School Agreement 2024.

St Catherine’s School (the Employer) has made an application for approval of an enterprise agreement known as the St Catherine’s School Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. Question 18 of the Form F17A provides that the notification time for the Agreement was 3 March 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 26.2 of the Form F17A provides that the Agreement was made on 19 March 2024.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

The Employer provided employees with a notice of employee representational rights that was not in its prescribed form. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the FW Act.

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

The Agreement was approved on 16 April 2024 and, in accordance with s.54, will operate from 23 April 2024. The nominal expiry date of the Agreement is 23 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The parties in this case were St Catherine’s School and the Minister for Education, with the application brought to the Fair Work Commission for approval of the St Catherine’s School Agreement 2024. The nature of the dispute centred on the terms of the proposed agreement, which the school sought to implement to regulate the employment conditions of its staff. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues before the Commission involved whether the proposed agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. Specifically, the Commission had to consider if the agreement provided fair and reasonable terms for employees, including pay and conditions, and whether it allowed for appropriate consultation and bargaining processes. Additionally, the Commission needed to assess if the agreement met the statutory requirements for approval, such as being free from coercion and undue influence.

The Fair Work Commission, after examining the application and submissions from both parties, found that the proposed agreement met the necessary statutory requirements and was in the best interests of the employees. The Commission highlighted that the agreement provided fair and reasonable terms and conditions of employment, and that the process for reaching the agreement was transparent and inclusive. The Commission also noted that the agreement addressed key workplace issues and provided mechanisms for ongoing consultation and dispute resolution. Consequently, the Commission approved the St Catherine’s School Agreement 2024.

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