St Leonard’s College Summary

[2023] FWCA 1378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Leonard’s College

(AG2023/1033)

ST LEONARD’S COLLEGE AGREEMENT 2023

Educational services
DEPUTY PRESIDENT EASTON	SYDNEY, 12 MAY 2023

Application for approval of the St Leonard’s College Agreement 2023.

St Leonard’s College (the Employer) has made an application for the approval of the St Leonard's College Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Independent Education Union of Australia (IEUA) was a bargaining representative for the Agreement and 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 IEUA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2023. The nominal expiry date of the Agreement is 31 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by St Leonard’s College for approval of the St Leonard’s College Agreement 2023. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009. St Leonard’s College sought to finalise the terms of employment for its employees, including conditions such as pay, hours of work, and leave entitlements. The court needed to assess whether the agreement complied with the requirements set forth in the Fair Work Act and whether it provided a fair and equitable outcome for all parties involved.

The legal issues before the court centred on the compliance of the proposed agreement with the Fair Work Act, particularly sections that relate to the terms and conditions of employment. The court had to determine if the agreement was consistent with the Act’s provisions and if it provided a fair and reasonable outcome for both the employer and employees. This involved an examination of whether the agreement met the criteria for being a lawful agreement, such as ensuring it did not undermine the minimum standards set by the Fair Work Act and whether it contained provisions that were genuinely negotiated between the parties.

The court carefully reviewed the terms of the agreement, considering various factors such as the bargaining positions of the parties, the nature of the negotiations, and the overall fairness of the agreement. The court found that the agreement met the necessary criteria for approval under the Fair Work Act. It was satisfied that the agreement provided a fair and reasonable outcome for all parties, taking into account the balance of rights and obligations. The court approved the agreement, finding it to be a genuine and lawful document that complied with all relevant legislative requirements.

In light of the findings, the court granted the application for approval of the St Leonard’s College Agreement 2023. The agreement was deemed to be lawful and was approved for implementation, ensuring that the terms and conditions of employment for the college’s employees were formally recognised and enforceable. The decision provided clarity and certainty for both the college and its employees, establishing a framework for future negotiations and employment relations.

St Leonard’s College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established