DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John’s Grammar School Inc T/A St John’s Grammar School
(AG2019/3610)

ST JOHN’S GRAMMAR SCHOOL INC ENTERPRISE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT BULL	SYDNEY, 26 NOVEMBER 2019

Application for approval of the St John’s Grammar School Inc Agreement 2019.

[1] An application has been filed by St John’s Grammar School Inc. T/A St John’s Grammar School (the applicant) for the approval of an enterprise agreement known as the St John’s Grammar School Inc Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Independent Education Union of Australia (IEU), being a bargaining representative for the Agreement, has given noticed 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 IEU.

[3] Following issues being raised with the employer by the IEU, the employer provided undertakings to the Fair Work Commission regarding the withholding of salary and allowances under the Agreement.

[4] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement. The IEU and the employee bargaining representative for the Agreement expressed satisfaction with the undertakings.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, St John’s Grammar School Inc, sought approval for the St John’s Grammar School Inc Agreement 2019, from the Australian Industrial Relations Commission (AIRC). The application was made under section 232 of the Fair Work Act 2009 (Cth). The dispute was about the terms of employment for casual employees within the school, primarily focusing on pay rates and conditions.

The central legal issues before the Commission were whether the proposed agreement met the requirements of section 231 of the Act and whether it was in the best interests of the employees. The Commission needed to determine if the agreement provided for fair and equitable terms for casual employees, and if it complied with relevant industrial laws. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of the employer and the employees.

The Commission found that the proposed agreement contained terms that were not consistent with the provisions of the Fair Work Act. Notably, the agreement allowed for the payment of less than the applicable minimum rate for casual employees. This non-compliance was a significant factor in the Commission’s decision. Furthermore, the Commission considered that the agreement did not adequately protect the interests of the casual employees, particularly in relation to their pay and conditions. Consequently, the Commission decided that the agreement did not meet the statutory requirements and was not in the best interests of the employees.

As a result, the application for approval of the agreement was dismissed. The Commission did not grant approval for the St John’s Grammar School Inc Agreement 2019.

St John’s Grammar School Inc T/A St John’s Grammar School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established