DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Leonard’s College Limited T/A St Leonard’s College
(AG2016/7774)

ST LEONARD’S COLLEGE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 2 MARCH 2017

Application for approval of the St Leonard’s College Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Leonard’s College 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 Leonard’s College Limited t/a St Leonard’s College. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, St Leonard’s College Limited trading as St Leonard’s College, sought approval of the St Leonard’s College Agreement 2017 from the Fair Work Commission. The College, a non-government Catholic secondary school, entered into an enterprise agreement with its teachers’ union, the Independent Education Union of Australia. The dispute arose as the College sought to implement changes to its operations which it argued were necessary to ensure its financial viability, including changes to teacher remuneration and conditions of employment. The application was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed changes in the agreement were in accordance with the Fair Work Act 2009 and whether the agreement provided for the fair and efficient determination of terms and conditions of employment. The Commission had to consider whether the changes were necessary to preserve the financial viability of the College, whether the agreement was made in good faith, and whether the agreement provided for a fair and efficient method of determining terms and conditions of employment. The Commission also had to consider whether the agreement complied with the “better off overall test” under the Fair Work Act.

The Fair Work Commission found that the proposed changes in the agreement were necessary to preserve the financial viability of the College and that the agreement was made in good faith. The Commission was satisfied that the agreement provided for a fair and efficient method of determining terms and conditions of employment and that the agreement complied with the “better off overall test”. The Commission found that the proposed changes in the agreement would not have an adverse effect on the employees and that the agreement provided for a fair and efficient method of determining terms and conditions of employment. The Commission approved the St Leonard’s College Agreement 2017.

The Fair Work Commission approved the St Leonard’s College Agreement 2017, which included changes to teacher remuneration and conditions of employment. The Commission found that the changes were necessary to preserve the financial viability of the College and that the agreement was made in good faith. The Commission was satisfied that the agreement provided for a fair and efficient method of determining terms and conditions of employment and that the agreement complied with the “better off overall test”. The Commission approved the agreement in its entirety.

St Leonard’s College Limited T/A 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