DECISION

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

St John's Grammar School Inc
(AG2015/4816)

ST JOHN'S GRAMMAR SCHOOL INC ENTERPRISE AGREEMENT 2015

Educational services
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 10 SEPTEMBER 2015

Application for approval of the St John's Grammar School Inc Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St John's Grammar School Inc Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St John’s Grammar School 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 (SA) Inc, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by St John's Grammar School Inc for approval of the St John's Grammar School Inc Enterprise Agreement 2015. The dispute arose when the school sought to implement changes to the working conditions of its staff, which led to objections from the employees. The matter was heard by the Fair Work Commission, which had jurisdiction to approve or reject the agreement under the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement met the legal requirements for approval. The employees argued that the agreement did not provide adequate protections for their conditions of employment, particularly in relation to leave entitlements and procedural fairness. The school, on the other hand, contended that the agreement was fair and reasonable, and in line with the statutory requirements for an enterprise agreement.

The Commission carefully considered the arguments of both parties. It examined the provisions of the agreement, the submissions made, and the relevant legislation. The Commission found that the agreement did not comply with certain provisions of the Fair Work Act, particularly in relation to the procedural fairness provisions. Despite the school's arguments, the Commission was not satisfied that the agreement provided sufficient protections for the employees. Consequently, the application for approval was rejected.

The Commission's decision was final, and the enterprise agreement was not approved. The school was required to revert to the previous conditions of employment until a compliant agreement could be negotiated and approved.

St John's Grammar School Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established