DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Hilda’s Anglican School for Girls (Inc)
(AG2020/4048)

ST HILDA’S ANGLICAN SCHOOL FOR GIRLS (INC) ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER WILLIAMS	PERTH, 28 JANUARY 2021

Application for approval of the St Hilda’s Anglican School for Girls (Inc) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Hilda’s Anglican School for Girls (Inc) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Hilda’s Anglican School for Girls (Inc). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2021. The nominal expiry date of the Agreement is 31 December 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent application before the Fair Work Commission, the applicant, St Hilda’s Anglican School for Girls (Inc), sought approval of the 2020 Enterprise Agreement. The school, a private educational institution, aimed to formalise its employment terms and conditions with its staff. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its coverage, negotiation process, and provisions regarding employees' rights and protections. The Commission needed to ensure the agreement was made in good faith and covered all relevant employees, and that it contained the mandated minimum terms and conditions.

The Commission carefully examined the evidence provided by the school regarding the negotiation process and the content of the agreement. It considered whether the agreement was genuinely negotiated, if it contained the prescribed minimum terms, and if it provided adequate protections for employees. After assessing the application, the Commission found that the agreement met the necessary requirements. The agreement was approved, reflecting its compliance with the statutory framework and the protection of employees' rights.

No specific orders were outlined in the decision, as the approval of the agreement was the primary outcome. The Commission's decision provided clarity and legal certainty for the school and its staff regarding the terms of their employment moving forward.

St Hilda’s Anglican School for Girls (Inc)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established