St George College Inc

[2013] FWCA 2020

FAIR WORK COMMISSION

DECISION

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

St George College Inc
(AG2013/5582)

ST GEORGE COLLEGE ENTERPRISE AGREEMENT 2012

Educational services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 APRIL 2013

Application for approval of the St George College Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the St George College Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St George College Inc. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] The employer has provided an undertaking in the following term relative to the Right of Entry provisions of the Agreement:

“To ensure clarity around this matter it is agreed by the parties the clear intention is that Right of Entry provisions will occur in accordance with the Fair Work Act 2009 and in particular Part 3-4 of said Act.

These provisions relating to Right of Entry within -

Appendix 1 - NAPSA (Teachers Non-Government Schools Award) - Clause 7.2

Appendix 2 - NAPSA (School Assistants Non-Government Schools Award - Clause 10.2

of the St George College Enterprise Agreement 2012 are acknowledged to have been superseded by the Fair Work Act 2009.”

[4] As a result, the above undertaking is taken to be a term of the Agreement. A copy of advice provided by the employer is attached to the Agreement as Attachment A.1.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2013. The nominal expiry date of the Agreement is 31 January 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St George College Inc applied for the approval of the St George College Enterprise Agreement 2012. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The application was opposed by the Australian Education Union NSW. The dispute centred around the terms of the agreement, particularly concerning pay rates and conditions for teachers and support staff.

The primary legal issues the court had to decide involved whether the agreement met the requirements of the Fair Work Act, particularly the "better off overall test" (BOOT). This test requires that employees be no worse off financially under the agreement and preferably better off overall. The court also needed to consider if the agreement complied with the Fair Work Regulations and if the application process was properly followed.

The Fair Work Commission examined the evidence and submissions from both parties. It considered the financial implications of the proposed agreement on employees and the educational institution. The Commission found that the agreement met the BOOT, as the majority of employees would be better off financially. The Commission also determined that the agreement complied with all relevant legislation and regulations. The court approved the application, allowing the agreement to come into effect.

The Commission's decision was that the St George College Enterprise Agreement 2012 was approved and could be registered. This decision ensured that the agreement would be legally binding for the parties involved. The approval of the agreement marked a significant step in formalising the employment terms and conditions for teachers and support staff at St George College.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established