DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Hilda’s Anglican School for Girls (Inc)
(AG2017/390)

ST HILDA’S ANGLICAN SCHOLL FOR GIRLS (INC) ENTERPRISE AGREEMENT 2017

Educational services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 MARCH 2017

Application for approval of the St Hilda’s Anglican School for Girls (Inc) Enterprise Agreement 2017.

[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 2017 (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 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Independent Education Union of Western 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, St Hilda’s Anglican School for Girls (Inc), sought approval of its Enterprise Agreement 2017 from the Fair Work Commission. The respondents, who included several unions and individual employees, opposed the application, arguing that the proposed agreement failed to meet the requirements of the Fair Work Act 2009. The dispute was heard and determined in the Fair Work Commission.

The central legal issues revolved around whether the Enterprise Agreement complied with the statutory provisions under the Fair Work Act, including the requirement for "better off overall" and "no detriment" to employees. The Commission also had to consider whether the agreement provided for appropriate terms and conditions, and whether it included adequate dispute resolution mechanisms. Furthermore, the Commission examined whether the agreement adhered to the "good faith" requirement and other procedural fairness standards.

The Commission found that the Enterprise Agreement did indeed meet the statutory requirements and was in compliance with the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for employees, ensuring they were not worse off overall and were protected from detriment. The agreement was deemed to be the product of genuine bargaining and in good faith, with appropriate dispute resolution processes included. The Commission approved the Enterprise Agreement, recognising its fairness and compliance with the legislative framework.

The Fair Work Commission approved the St Hilda’s Anglican School for Girls (Inc) Enterprise Agreement 2017, confirming its compliance with the Fair Work Act. The agreement was recognised as fair, reasonable, and in good faith, providing appropriate terms and conditions and dispute resolution mechanisms for the employees.

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