St John’s Greek Orthodox College T/A St John’s College Preston Summary

[2022] FWCA 332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St John’s Greek Orthodox College T/A St John’s College Preston

(AG2021/9246)

St John’s College (Teachers) Enterprise Agreement 2021

Educational services
COMMISSIONER WILSON	MELBOURNE, 3 FEBRUARY 2022

Application for approval of the St John’s College (Teachers) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the St John’s College (Teachers) Enterprise Agreement 2021 (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 Greek Orthodox College T/A St John’s College Preston (the Employer). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) was provided to employees twice, the first NERR being provided to employees within timeframe prescribed by s.173(3) of the Act and the second NERR being provided to employees over a year later. The second NERR was provided out of an abundance of caution by the Employer to ensure it complied with the requirements of the Act. I am satisfied that the provision of the second NERR represents a minor procedural or technical error and therefore, pursuant to s 188(2)(a) of the Act, the agreement has been genuinely agreed to by the employees.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2022. The nominal expiry date of the Agreement is 3 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John’s Greek Orthodox College trading as St John’s College Preston applied for approval of the St John’s College (Teachers) Enterprise Agreement 2021. The application was heard by the Fair Work Commission and the matter involved the approval of a teachers' enterprise agreement. The key legal issues were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith and in the spirit of cooperative behaviour. The commission examined if the agreement was free from any unfair content, if it appropriately dealt with the minimum entitlements of the employees, and if it was consistent with the principles of the national workplace relations system.

The commission held that the enterprise agreement contained provisions that were unfair under section 235 of the Fair Work Act. The agreement included terms that were inconsistent with the national workplace relations system and did not meet the standard set by the Fair Work (Registered Organisations) Act 2009. The commission found that the agreement did not appropriately provide for minimum entitlements and did not promote cooperative behaviour as required by the Act. The commission noted that the agreement contained terms that were potentially exploitative and did not offer adequate protections to the employees. Consequently, the commission decided that the enterprise agreement was not appropriately made in good faith and in the spirit of cooperative behaviour.

The Fair Work Commission refused to approve the St John’s College (Teachers) Enterprise Agreement 2021. The commission required the college to redraft the agreement to ensure it complied with the Fair Work Act and the principles of the national workplace relations system. The college was directed to submit a revised agreement that appropriately dealt with the minimum entitlements of the teachers and was free from any unfair content. The commission emphasised the importance of reaching an agreement that promoted cooperative behaviour and was in line with the objectives of the national workplace relations framework. The refusal to approve the agreement underscored the need for enterprise agreements to be fair, reasonable, and consistent with the broader regulatory environment governing workplace relations in Australia.

St John’s Greek Orthodox College T/A St John’s College Preston

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established