DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Leonard’s College
(AG2019/4807)

ST LEONARD’S COLLEGE AGREEMENT 2020

Educational services
COMMISSIONER WILSON	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the St Leonard’s College Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St Leonard’s College 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 Leonard’s College. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of St Leonard’s College, the applicant sought approval for a new industrial agreement, titled the St Leonard’s College Agreement 2020. The agreement was proposed to govern the terms and conditions of employment for the college’s staff, including teachers, administrative staff, and support workers. The dispute arose when the Fair Work Commission was called upon to assess whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement provided for a fair and reasonable method of determining employees' wages and conditions, and whether it complied with the requirements set out in the Act. Specifically, the court had to consider whether the agreement provided adequate protections for employees' pay and conditions, and whether it was negotiated in good faith. The court also had to ensure that the agreement did not undermine the existing minimum standards of pay and conditions set by the relevant awards and regulations.

The Fair Work Commission found that the St Leonard’s College Agreement 2020 met the necessary standards for approval. The agreement provided for a fair and reasonable method of determining employees' wages and conditions, and it complied with the requirements of the Act. The court noted that the agreement contained provisions for minimum wages, penalty rates, and leave entitlements that were no less favourable than those provided by the relevant awards. The court was also satisfied that the agreement had been negotiated in good faith, and that it did not undermine the existing minimum standards of pay and conditions. Accordingly, the court approved the agreement.

The final orders of the court were that the St Leonard’s College Agreement 2020 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement is now legally binding on all employees and employers covered by the agreement, and it will govern the terms and conditions of employment for the college’s staff.

St Leonard’s College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established